75R13420 BEM-F
By Naishtat H.B. No. 3128
Substitute the following for H.B. No. 3128:
By Oakley C.S.H.B. No. 3128
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of shooting ranges; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 756, Health and Safety
1-5 Code, is amended to read as follows:
1-6 SUBCHAPTER D. [OUTDOOR] SHOOTING RANGES
1-7 Sec. 756.041. DEFINITION. In this subchapter, "[outdoor]
1-8 shooting range" means an indoor or outdoor shooting range, an
1-9 indoor or outdoor firing range, a building in which persons may
1-10 fire a weapon for a fee or other remuneration, or other open
1-11 property on which persons may fire a weapon for a fee or other
1-12 remuneration, but does not include:
1-13 (A) property used for hunting under a deer lease
1-14 or other similar lease [leases] of property for the purpose of
1-15 hunting; or
1-16 (B) an archery range.
1-17 [Sec. 756.0411. APPLICABILITY. This subchapter applies
1-18 only to an outdoor shooting range located in a county with a
1-19 population of more than 150,000.]
1-20 Sec. 756.042. LOCAL GOVERNMENT REGULATION. (a) A
1-21 municipality by ordinance of the governing body or a county by
1-22 order of the commissioners court may adopt regulations concerning
1-23 the location of shooting ranges that do not unreasonably limit the
1-24 construction or establishment of shooting ranges in the
2-1 municipality or county. This subsection does not apply to a
2-2 shooting range in operation before September 1, 1997.
2-3 (b) A regulation adopted by a county under this subchapter
2-4 applies only to a shooting range located in an area of the county
2-5 that is outside the corporate limits of a municipality.
2-6 (c) A municipality that has in effect a comprehensive zoning
2-7 ordinance adopted under Chapter 211, Local Government Code, shall
2-8 comply with all applicable procedural requirements of that chapter
2-9 in adopting a regulation within the scope of that chapter.
2-10 Sec. 756.043. CONSTRUCTION AND OPERATION STANDARDS. The
2-11 owner of an outdoor shooting range shall construct and maintain the
2-12 range according to standards that are at least as stringent as the
2-13 standards printed in the National Rifle Association range manual.
2-14 Sec. 756.044 [756.043]. CIVIL PENALTY. (a) The owner of a
2-15 [an outdoor] shooting range who fails to comply with Section
2-16 756.043 [756.042] is liable [within 60 days after a finding of
2-17 noncompliance] for a civil penalty of $100 [$50] for each day of
2-18 noncompliance that occurs after the 60th day after the date of a
2-19 finding of noncompliance; the aggregate amount not to exceed $1,000
2-20 [$500].
2-21 (b) The attorney general or the appropriate district
2-22 attorney, criminal district attorney, or county attorney shall
2-23 recover the civil penalty in a suit on behalf of the state. If the
2-24 attorney general brings the suit, the penalty shall be deposited in
2-25 the state treasury to the credit of the general revenue fund. If
2-26 another attorney brings the suit, the penalty shall be deposited in
2-27 the general fund of the county in which the violation occurred.
3-1 Sec. 756.045 [756.044]. CRIMINAL PENALTIES. (a) The owner
3-2 of a [an outdoor] shooting range commits an offense if the owner
3-3 intentionally or recklessly fails to comply with Section 756.043.
3-4 (b) Except as provided by Subsection (c), an offense under
3-5 Subsection (a) is a Class B misdemeanor.
3-6 (c) If an offense under Subsection (a) [756.042 and that
3-7 failure] results in injury to another person, the[.]
3-8 [(b) An] offense [under this section] is a Class A [Class C]
3-9 misdemeanor.
3-10 (d) If[, except that if] it is shown on the trial of the
3-11 defendant that the defendant has previously been convicted of an
3-12 offense under Subsection (a) [this section], the offense is a
3-13 felony of the third degree [Class A misdemeanor].
3-14 Sec. 756.046 [756.045]. INSURANCE REQUIRED. (a) The owner
3-15 of a [an outdoor] shooting range shall purchase and maintain an
3-16 insurance policy that provides coverage of at least $500,000 for
3-17 bodily injuries or death and another policy that provides that
3-18 level of coverage for property damage resulting from firing any
3-19 weapon while on the shooting range.
3-20 (b) The owner of a [an outdoor] shooting range shall
3-21 prominently display a sign at the shooting range stating that the
3-22 owner has purchased insurance to cover bodily injury, death, or
3-23 property damage occurring from activities at the shooting range.
3-24 Sec. 756.047. SAFETY COMPLAINTS TO SHERIFF'S OFFICE.
3-25 (a) The sheriff's office of a county may respond to complaints
3-26 from residents of the county about unsafe shooting range conditions
3-27 and may attempt to negotiate a solution between the complainant and
4-1 the shooting range owner or operator.
4-2 (b) The sheriff shall consult with the Department of Public
4-3 Safety, the Parks and Wildlife Commission, or any private person or
4-4 organization, including the National Rifle Association, when making
4-5 a determination relating to the safety of a shooting range after
4-6 receiving a complaint.
4-7 (c) If, after negotiation between a complainant and a
4-8 shooting range owner or operator, the sheriff determines that a
4-9 satisfactory solution has not been reached, the sheriff may request
4-10 the district attorney to seek an injunction in district court to
4-11 prevent the operation of the shooting range until the shooting
4-12 range meets acceptable safety standards.
4-13 SECTION 2. Chapter 46, Penal Code, is amended by adding
4-14 Section 46.14 to read as follows:
4-15 Sec. 46.14. SHOOTING WHILE INTOXICATED. (a) A person who
4-16 discharges a firearm at a shooting range while intoxicated commits
4-17 an offense.
4-18 (b) An offense under this section is a Class B misdemeanor.
4-19 (c) In this section:
4-20 (1) "Intoxicated" has the meaning assigned by Section
4-21 49.01.
4-22 (2) "Shooting range" has the meaning assigned by
4-23 Section 756.041, Health and Safety Code.
4-24 SECTION 3. (a) An advisory committee to the Texas National
4-25 Guard is created to develop objective safety standards for shooting
4-26 ranges.
4-27 (b) The advisory committee is composed of 13 members
5-1 appointed by the adjutant general of the Texas National Guard as
5-2 follows:
5-3 (1) one member must be a representative of the Parks
5-4 and Wildlife Commission;
5-5 (2) one member must be a representative of the
5-6 Department of Public Safety;
5-7 (3) one member must be a representative of county
5-8 government;
5-9 (4) one member must be a representative of county law
5-10 enforcement;
5-11 (5) two members must be persons from different
5-12 counties whose residences neighbor an existing shooting range;
5-13 (6) one member must be a representative of the
5-14 National Rifle Association;
5-15 (7) two members must be persons who own a shooting
5-16 range;
5-17 (8) one member must be an architect with experience
5-18 designing shooting ranges;
5-19 (9) one member must be a person who owns a shooting
5-20 range and who is a qualified handgun instructor under Article
5-21 4413(29ee), Revised Statutes;
5-22 (10) one member must be a licensed firearms dealer;
5-23 and
5-24 (11) one member must be an attorney who is familiar
5-25 with shooting range liability issues.
5-26 (c) A member of the advisory committee appointed by the
5-27 adjutant general serves at the will of the adjutant general.
6-1 (d) The members of the advisory committee shall elect a
6-2 presiding officer and any other necessary officers for the
6-3 committee.
6-4 (e) The advisory committee shall meet at the call of the
6-5 presiding officer of the committee.
6-6 (f) A member of the advisory committee receives no
6-7 compensation for serving on the committee, and is not entitled to
6-8 receive reimbursement of expenses incurred while serving on the
6-9 committee.
6-10 (g) The advisory committee is not subject to Article
6-11 6252-33, Revised Statutes.
6-12 SECTION 4. Not later than November 1, 1997, the advisory
6-13 committee created under Section 3 of this Act shall:
6-14 (1) develop objective safety standards for shooting
6-15 ranges; and
6-16 (2) prepare and deliver a report concerning the safety
6-17 standards to the House Committee on Public Safety.
6-18 SECTION 5. Not later than the 15th day after the effective
6-19 date of this section, the adjutant general shall appoint the
6-20 members of the advisory committee created under Section 3 of this
6-21 Act.
6-22 SECTION 6. (a) The change in law made by Section 2 of this
6-23 Act applies only to an offense committed on or after the effective
6-24 date of this Act. For the purposes of this section, an offense is
6-25 committed before the effective date of this Act if any element of
6-26 the offense occurs before that date.
6-27 (b) An offense committed before the effective date of this
7-1 Act is covered by the law in effect when the offense was committed,
7-2 and the former law is continued in effect for that purpose.
7-3 SECTION 7. This Act takes effect September 1, 1997, except
7-4 that Sections 3, 4, and 5 take effect immediately.
7-5 SECTION 8. The importance of this legislation and the
7-6 crowded condition of the calendars in both houses create an
7-7 emergency and an imperative public necessity that the
7-8 constitutional rule requiring bills to be read on three several
7-9 days in each house be suspended, and this rule is hereby suspended,
7-10 and that this Act take effect and be in force according to its
7-11 terms, and it is so enacted.