1-1     By:  Carter, et al. (Senate Sponsor - Patterson)       H.B. No. 601

 1-2           (In the Senate - Received from the House April 10, 1997;

 1-3     April 11, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 18, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 4, Nays 3; May 18, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Duncan

 1-7     Amend House Bill 601, on page 2, line 9, of the House Engrossment

 1-8     after the word "range" and before the period by inserting

 1-9     "established or permanently relocated within the municipality after

1-10     the effective date of this act".

1-11                            A BILL TO BE ENTITLED

1-12                                   AN ACT

1-13     relating to the liability in relation to and regulation of the

1-14     ownership, operation, and use of sport shooting ranges.

1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-16           SECTION 1.  Title 6, Civil Practice and Remedies Code, is

1-17     amended by adding Chapter 128 to read as follows:

1-18                     CHAPTER 128.  SPORT SHOOTING RANGES

1-19           Sec. 128.001.  DEFINITIONS.  In this chapter:

1-20                 (1)  "Local noise regulation" means any law, ordinance,

1-21     order, rule, or other regulation of the State of Texas, an agency

1-22     of the state, or political subdivision affecting noise or noise

1-23     pollution.

1-24                 (2)  "Sport shooting range" means an area designated

1-25     and operated for the use of a rifle, pistol, silhouette, skeet,

1-26     trap, black powder, or any other similar sport shooting.  The term

1-27     includes "private bird hunting areas" as licensed under Subchapter

1-28     F, Chapter 43, Parks and Wildlife Code.

1-29           Sec. 128.002.  LIMITATION ON LIABILITY.  Notwithstanding any

1-30     other law, a person who owns, operates, or uses a sport shooting

1-31     range is not civilly or criminally liable in any matter relating to

1-32     noise or noise pollution that results from the operation or use of

1-33     the range if:

1-34                 (1)  the range complies with a noise control law or

1-35     local noise regulation that applied to the range and its operation

1-36     at the time the range was constructed; or

1-37                 (2)  a noise control law or local noise regulation did

1-38     not exist at the time the range was constructed.

1-39           Sec. 128.003.  LIMITATION ON NUISANCE ACTION.  (a)

1-40     Notwithstanding any other law, a person who owns, operates, or uses

1-41     a sport shooting range is not subject to an action for nuisance or

1-42     similar cause of action based on noise if:

1-43                 (1)  the range complies with a noise control law or

1-44     local noise regulation that applied to the range and its operation

1-45     at the time the range was constructed; or

1-46                 (2)  a noise control law or local noise regulation did

1-47     not exist at the time the range was constructed.

1-48           (b)  A court may not enjoin the operation or use of a sport

1-49     shooting range because the operation or use results in noise or

1-50     noise pollution if:

1-51                 (1)  the range complies with a noise control law or

1-52     local noise regulation that applied to the range and its operation

1-53     at the time the range was constructed; or

1-54                 (2)  a noise control law or local noise regulation did

1-55     not exist at the time the range was constructed.

1-56           Sec. 128.004.  EXEMPTION FROM CERTAIN STATE REGULATIONS.  A

1-57     rule adopted by a state agency to limit noise levels in terms of

1-58     decibel level that may occur in the outdoor atmosphere does not

1-59     apply to a sport shooting range whose liability is limited under

1-60     Section 128.002.

1-61           Sec. 128.005.  EXEMPTION FROM CERTAIN LOCAL NOISE

1-62     REGULATIONS.  A sport shooting range that is not in violation of a

1-63     noise law or local noise regulation in effect at the time of the

1-64     initial operation or construction of the range is not subject to

 2-1     any local noise regulation adopted after the construction or

 2-2     initial operation of the range or an amendment to a local noise

 2-3     regulation adopted after the construction or initial operation of

 2-4     the range that would result in the range being in violation of the

 2-5     local noise regulation.

 2-6           Sec. 128.006.  LOCAL REGULATION NOT OTHERWISE PROHIBITED.

 2-7     Except as provided by this chapter, a municipality may regulate the

 2-8     location and construction of a sport shooting range.

 2-9           Sec. 128.007.  ACTIONS FOR NEGLIGENCE OR RECKLESSNESS NOT

2-10     PROHIBITED.  This chapter does not prohibit an action for

2-11     negligence or recklessness in the operation of a sport shooting

2-12     range or by a person using the range.

2-13           SECTION 2.  Section 250.001, Local Government Code, is

2-14     repealed.

2-15           SECTION 3.  This Act applies to any civil or criminal

2-16     proceeding relating to the ownership, operation, or use of a sport

2-17     shooting range commencing on or after the effective date of this

2-18     Act without regard to whether the ownership, operation, or use

2-19     occurred before, on, or after that date.

2-20           SECTION 4.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended,

2-25     and that this Act take effect and be in force from and after its

2-26     passage, and it is so enacted.

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