Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Naishtat                                     H.B. No. 3128

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of shooting ranges; providing a penalty.

 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.  DEFINITIONS.  In this subchapter,

 1-8                 (1)  "The Department" means the Department of Public

 1-9     Safety.

1-10                 (2)  "Operation Manual" means a manual developed for a

1-11     particular range describing that range's safety and operations

1-12     procedures.

1-13                 (3)  "Rangemaster" means an individual responsible for

1-14     the safety and operation of the range firing line.

1-15                 (4)  "The relevant authority" means the municipality or

1-16     county that has opted to adopt regulations regarding shooting

1-17     ranges, or, if the local government has not opted to do so, the

1-18     Department.

1-19           (5)  "[outdoor shooting] Shooting range" means an indoor or

1-20     outdoor shooting range, indoor or outdoor firing range, a building

1-21     in which a person may fire a weapon for a fee or other

1-22     remuneration, or other open property on which persons may fire a

1-23     weapon for a fee or other remuneration but does not include a deer

1-24     lease or other similar leases of property for the purpose of

 2-1     hunting or an archery range.

 2-2           Sec. 756.042.  AUTHORITY. [756.0411.  APPLICABILITY.  This

 2-3     subchapter applies only to an outdoor shooting range located in a

 2-4     county with a population of more than 150,000.] (a)  A municipality

 2-5     by ordinance or a county by order of the commissioners court may

 2-6     adopt regulations regarding shooting ranges as the municipality or

 2-7     county considers necessary to promote public health, safety, or

 2-8     welfare.

 2-9           (b)  A regulation adopted by a municipality applies only

2-10     inside the municipality's corporate limits.

2-11           (c)  A regulation adopted by a county applies only to the

2-12     parts of the county outside the corporate limits of a municipality.

2-13           (d)  In adopting a regulation, a municipality that has in

2-14     effect a comprehensive zoning ordinance adopted under Chapter 211,

2-15     Local Government Code, must comply with all applicable procedural

2-16     requirements of that chapter if the regulation is within the scope

2-17     of that chapter.

2-18           (e)  If a county or municipality has not adopted regulations

2-19     on shooting range safety standards, the Department's model

2-20     standards shall apply.  The Department shall track which counties

2-21     and municipalities have adopted shooting range regulations.

2-22           (f)  The relevant authority shall enforce its regulations.

2-23           Sec. [756.042.] 756.043.  CONSTRUCTION AND OPERATION

2-24     STANDARDS.  (a)  The Department shall develop model standards for

2-25     construction and operation of shooting ranges.  The standards shall

2-26     require at least that each range:

2-27                 (1)  have an operation manual and make it available to

2-28     the range's customers; and

2-29                 (2)  have a rangemaster present at all times of

2-30     operation.

 3-1           (b)  The Department shall make its model standards available

 3-2     to counties and municipalities.

 3-3           (c)  The Department may provide technical assistance to

 3-4     counties, municipalities, and range owners.

 3-5           (d)  The owner of an indoor or outdoor shooting range shall

 3-6     construct and maintain the range according to standards that are at

 3-7     least as stringent as the standards [printed in the National Rifle

 3-8     Association range manual] adopted by its local government, or if

 3-9     the local government has not adopted standards, by the Department.

3-10           Sec. [756.043.] 756.044.  Civil Penalty.  (a)  The owner of a

3-11     [an outdoor] shooting range who fails to comply with Section

3-12     [756.042] 756.043(d) and continues to operate the range is liable

3-13     within 60 days after a finding of noncompliance for a civil penalty

3-14     of [$50] $100 for each day of noncompliance; the aggregate amount

3-15     not to exceed [$500] $1,000.

3-16           (b)  The attorney general or the appropriate district

3-17     attorney, criminal district attorney, or county attorney shall

3-18     recover the civil penalty in a suit on behalf of the state.  If the

3-19     attorney general brings the suit, the penalty shall be deposited in

3-20     the state treasury to the credit of the general revenue fund.  If

3-21     another attorney brings the suit, the penalty shall be deposited in

3-22     the general fund of the county in which the violation occurred.

3-23           Sec. [756.044.] 756.045.  Criminal Penalties.  (a)  The owner

3-24     of an indoor or outdoor shooting range commits an offense if the

3-25     owner intentionally or recklessly fails to comply with Section

3-26     [756.042 and that failure results in injury to another person.]

3-27     756.043(d).  An offense under this subsection is a class B

3-28     misdemeanor.

3-29           (b)  If failure under subsection (a) results in injury to

3-30     another person, the offense is a class A misdemeanor.

 4-1           (c)  [An offense under this section is a Class C misdemeanor,

 4-2     except that if] If it is shown on the trial of the defendant that

 4-3     the defendant has previously been convicted of an offense under

 4-4     this section, the offense is a [Class A misdemeanor] third degree

 4-5     felony.

 4-6           Sec. [756.045.] 756.046.  Insurance Required.  (a)  The owner

 4-7     of an outdoor shooting range shall purchase and maintain an

 4-8     insurance policy that provides coverage of at least [$500,000]

 4-9     $1,000,000 for bodily injuries or death and another policy that

4-10     provides that level of coverage for property damage resulting from

4-11     firing any weapon while on the shooting range.

4-12           (b)  The owner of an outdoor shooting range shall prominently

4-13     display a sign at the shooting range stating that the owner has

4-14     purchased insurance to cover bodily injury, death, or property

4-15     damage occurring from activities at the shooting range.

4-16           SECTION 2.  Subchapter D, Chapter 756, Health and Safety

4-17     Code, is amended by adding Sec.  756.047-756.050 as follows:

4-18           Sec. 756.047.  LICENSES AND PERMITS.  (a)  The relevant

4-19     authority shall require that an owner or operator of a shooting

4-20     range obtain a license or other permit or renew a license or other

4-21     permit on a periodic basis for the operation of a shooting range.

4-22     An application for a license or other permit must be made in

4-23     accordance with the regulations adopted by the relevant authority.

4-24           (b)  The regulations adopted under this chapter may provide

4-25     for the denial, suspension, or revocation of a license or other

4-26     permit by the relevant authority.

4-27           (c)  A district court has jurisdiction of a suit that arises

4-28     from the denial, suspension, or revocation of a license or other

4-29     permit by the relevant authority.

4-30           (d)  The relevant authority shall review the license or

 5-1     permit if the shooting range changes ownership or has a material

 5-2     change in operations.

 5-3           Sec. 756.048.  INSPECTION.  The relevant authority may

 5-4     inspect a shooting range to determine compliance with this chapter

 5-5     and regulations adopted under this chapter.

 5-6           Sec. 756.049.  FEES.  The relevant authority may impose fees

 5-7     on applicants for a license or other permit issued under this

 5-8     chapter or for the renewal of the license or other permit.  The

 5-9     fees must be based on the cost of processing the applications and

5-10     investigating the applicants.

5-11           Sec. 756.050.  CONSUMPTION OF ALCOHOLIC BEVERAGES.  (a)  A

5-12     person commits an offense if the person possesses an open container

5-13     or consumes an alcoholic beverage on the premises of a shooting

5-14     range.

5-15           (b)  An offense under this section is a Class C misdemeanor.

5-16           (c)  In this section, "open container" has the meaning

5-17     assigned in Section 109.35, Alcoholic Beverage Code.

5-18           SECTION 3.  This Act takes effect September 1, 1997.

5-19           SECTION 4.  The importance of this legislation and the

5-20     crowded condition of the calendars in both houses create an

5-21     emergency and an imperative public necessity that the

5-22     constitutional rule requiring bills to be read on three several

5-23     days in each house be suspended, and this rule is hereby suspended.