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.