By Naishtat                                           H.B. No. 2169
         76R4490 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to construction and operation of outdoor shooting ranges;
 1-3     providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle A, Title 9, Health and Safety Code, is
 1-6     amended by adding Chapter 766 to read as follows:
 1-7                    CHAPTER 766. OUTDOOR SHOOTING RANGES
 1-8                      SUBCHAPTER A. GENERAL PROVISIONS
 1-9           Sec. 766.001.  DEFINITIONS.  In this chapter:
1-10                 (1)  "Department" means the Department of Public
1-11     Safety.
1-12                 (2)  "Outdoor shooting range" means an outdoor shooting
1-13     range, outdoor firing range, or other open property  that is
1-14     established and operated for the firing of weapons.  The term does
1-15     not include an archery range or a deer lease or other similar
1-16     leases of property for hunting.
1-17           Sec. 766.002.  SAFETY FAN.  (a)  In this section, "target
1-18     distance" means the distance between the firing line and the target
1-19     line.
1-20           (b)  For purposes of this section, the target line:
1-21                 (1)  is the straight line:
1-22                       (A)  that is parallel to the firing line;
1-23                       (B)  that runs through the points at which a
1-24     target may be placed that are the greatest distance from the
 2-1     nearest corresponding points on the firing line; and
 2-2                       (C)  the end points of which are the two points
 2-3     described by Paragraph (B) that are the greatest distance apart;
 2-4     and
 2-5                 (2)  notwithstanding its being referred to as a line,
 2-6     may be a point if there is only one point at which a target may be
 2-7     placed that is the greatest distance from the nearest point on the
 2-8     firing line.
 2-9           (c)  The safety fan for an outdoor shooting range is the area
2-10     that is within the boundaries formed by:
2-11                 (1)  the firing line;
2-12                 (2)  a line, drawn at an angle of 45 degrees from and
2-13     to the right of a line perpendicular to the firing line extending
2-14     toward the target line, that:
2-15                       (A)  begins at the right end of the firing line;
2-16     and
2-17                       (B)  ends at a point that is 1,000 yards plus the
2-18     target distance from the firing line;
2-19                 (3)  a line, drawn at an angle of 45 degrees from and
2-20     to the left of a line perpendicular to the firing line extending
2-21     toward the target line, that:
2-22                       (A)  begins at the left end of the firing line;
2-23     and
2-24                       (B)  ends at a point that is 1,000 yards plus the
2-25     target distance from the firing line; and
2-26                 (4)  a line that:
2-27                       (A)  is drawn between the end points of the lines
 3-1     described by Subdivisions (2) and  (3); and
 3-2                       (B)  each point of which is 1,000 yards from the
 3-3     nearest point on the target line.
 3-4           Sec. 766.003.  APPLICABILITY.  Except as provided by Section
 3-5     766.054, this chapter applies only to an outdoor shooting range
 3-6     located in a county that:
 3-7                 (1)  has a population of more than 150,000; or
 3-8                 (2)  is included in a federal metropolitan statistical
 3-9     area or primary metropolitan statistical area.
3-10           Sec. 766.004.  LOCAL ORDINANCES.  This chapter does not
3-11     prohibit a county or municipality from enacting an ordinance
3-12     regulating the design, construction, operation, or maintenance of
3-13     an outdoor shooting range if the ordinance is at least as stringent
3-14     as the requirements of this chapter.
3-15              (Sections 766.005-766.050 reserved for expansion
3-16               SUBCHAPTER B. PERMITTING; GENERAL REQUIREMENTS
3-17           Sec. 766.051.  PERMIT REQUIRED.  A person may not construct
3-18     or operate an outdoor shooting range in this state unless the
3-19     person holds a permit issued by the department under this
3-20     subchapter.
3-21           Sec. 766.052.  APPLICATION; FEE.  (a)  An application for a
3-22     permit under this subchapter is made to the department on a form
3-23     provided by the department and must be accompanied by the permit
3-24     fee. The application must contain information that the department
3-25     requires.
3-26           (b)  The Public Safety Commission by rule shall establish the
3-27     permit fee to be assessed under this chapter.  The fee may not
 4-1     exceed the amount necessary to defray the department's expenses in
 4-2     administering this subchapter.
 4-3           Sec. 766.053.  ISSUANCE OF PERMIT.  The department shall
 4-4     issue a permit if, after inspection and investigation, the
 4-5     department finds that the construction and operation of the outdoor
 4-6     shooting range meets the requirements of this chapter and does not
 4-7     otherwise create an unreasonable threat to public safety.
 4-8           Sec. 766.054.  INSURANCE.  (a)  The owner of an outdoor
 4-9     shooting range shall purchase and maintain one or more insurance
4-10     policies that provide coverage for damages resulting from firing
4-11     any weapon while on the shooting range subject to limits of:
4-12                 (1)  at least $1 million for bodily injuries or death;
4-13     and
4-14                 (2)  at least $1 million for  damage to or destruction
4-15     of property.
4-16           (b)  The owner of an outdoor shooting range shall prominently
4-17     display a sign at the shooting range stating that the owner has
4-18     purchased insurance to cover bodily injury, death, or property
4-19     damage occurring from activities at the shooting range.
4-20           (c)  This section applies to any outdoor shooting range, and
4-21     the owner of an outdoor shooting range who violates this section is
4-22     subject to the civil penalty provided by Section 766.058 and the
4-23     criminal penalty provided by Section 766.059, without regard to
4-24     whether the outdoor shooting range is located in a county described
4-25     by Section 766.003.
4-26           Sec. 766.055.  INSPECTIONS.  The department may inspect an
4-27     outdoor shooting range that holds a permit under this subchapter at
 5-1     a reasonable time as necessary to ensure compliance with this
 5-2     chapter. The department may elect to conduct unannounced
 5-3     inspections.
 5-4           Sec. 766.056.  DENIAL, REVOCATION, OR SUSPENSION OF PERMIT.
 5-5     (a)  The department may deny, suspend, or revoke a permit issued
 5-6     under this subchapter if the department finds that the permit
 5-7     holder or applicant violates this chapter or that the outdoor
 5-8     shooting range otherwise creates an unreasonable threat to public
 5-9     safety.
5-10           (b)  Except as provided by Section 766.057, the denial,
5-11     suspension, or revocation of a permit under this section is a
5-12     contested case subject to Chapter 2001, Government Code, and is
5-13     subject to judicial review as provided by that chapter.
5-14           Sec. 766.057.  EMERGENCY SUSPENSION.  (a)  The department
5-15     shall suspend a permit issued under this subchapter if the
5-16     department finds the operation of the outdoor shooting range
5-17     creates an immediate threat to the safety of the public.
5-18           (b)  An order suspending a permit under this section is
5-19     immediately effective on the date on which the permit holder
5-20     receives written notice of the order.
5-21           (c)  An order suspending a permit is valid for 30 days after
5-22     the date the order was signed.
5-23           (d)  If requested in writing by a permit holder whose permit
5-24     is suspended, the department shall conduct a hearing to continue,
5-25     modify, or rescind the emergency suspension.
5-26           (e)  The hearing must be held not later than the 10th day
5-27     after the date on which the hearing request is received.
 6-1           Sec. 766.058.  CIVIL PENALTY.  (a)  The owner of an outdoor
 6-2     shooting range is liable for a civil penalty of $50 for each
 6-3     violation that occurs after the 60th day after the date the
 6-4     department notifies the owner of the violation.  Each day that the
 6-5     violation continues constitutes a separate violation.  The
 6-6     aggregate amount of the penalties assessed under this section for
 6-7     all days that a violation continues may not exceed $500.
 6-8           (b)  The attorney general or the appropriate district
 6-9     attorney, criminal district attorney, or county attorney shall
6-10     recover the civil penalty in a suit on behalf of the state.  If the
6-11     attorney general brings the suit, the penalty shall be deposited in
6-12     the state treasury to the credit of the general revenue fund.  If
6-13     another attorney brings the suit, the penalty shall be deposited in
6-14     the general fund of the county in which the violation occurred.
6-15           Sec. 766.059.  CRIMINAL PENALTY.  (a)  The owner of an
6-16     outdoor shooting range commits an offense if the owner
6-17     intentionally, knowingly, or recklessly violates this chapter and
6-18     that violation results in injury to another person.
6-19           (b)  An offense under this section is a Class C misdemeanor,
6-20     except that if it is shown on the trial of the defendant that the
6-21     defendant has previously been convicted of an offense under this
6-22     section, the offense is a Class A misdemeanor.
6-23              (Sections 766.060-766.100 reserved for expansion
6-24           SUBCHAPTER C.  CONSTRUCTION AND MAINTENANCE OF CERTAIN
6-25                           OUTDOOR SHOOTING RANGES
6-26           Sec. 766.101.  APPLICATION OF SUBCHAPTER.  An outdoor
6-27     shooting range must be constructed and maintained in accordance
 7-1     with this subchapter.
 7-2           Sec. 766.102.  RANGE CONSTRUCTION.  (a)  If an occupied
 7-3     structure is located within the safety fan for an outdoor shooting
 7-4     range, the outdoor shooting range must:
 7-5                 (1)  be constructed with:
 7-6                       (A)  a backstop berm;
 7-7                       (B)  a berm on each side of the firing area;
 7-8                       (C)  a ricochet catcher; and
 7-9                       (D)  an eyebrow; and
7-10                 (2)  have in place overhead baffles and ground baffles,
7-11     if required by Section 766.107.
7-12           (b)  If an occupied structure is not located within the
7-13     safety fan for an outdoor shooting range, the outdoor shooting
7-14     range must be constructed with:
7-15                 (1)  a backstop berm; and
7-16                 (2)  a ricochet catcher.
7-17           Sec. 766.103.  BACKSTOP BERM.  The backstop berm must:
7-18                 (1)  be constructed of earthen materials;
7-19                 (2)  be free, on each surface facing the firing line
7-20     and to a depth of 24 inches below that surface, of rocks or other
7-21     matter, including debris, capable of causing ricochets;
7-22                 (3)  be at least 20 feet in height;
7-23                 (4)  have a slope facing the firing line of at least 60
7-24     degrees;
7-25                 (5)  be not more than 10 feet behind any target;
7-26                 (6)  extend parallel to the firing line; and
7-27                 (7)  be of a length to at least intersect the lines
 8-1     perpendicular to and at each end of the firing line.
 8-2           Sec. 766.104.  SIDE BERM.  Each side berm must:
 8-3                 (1)  be constructed of earthen materials;
 8-4                 (2)  be free, on each surface facing the firing line
 8-5     and to a depth of 12 inches below that surface, of rocks or other
 8-6     matter, including debris, capable of causing ricochets;
 8-7                 (3)  be at least 10 feet in height;
 8-8                 (4)  have a slope facing the center line of fire of at
 8-9     least 45 degrees; and
8-10                 (5)  extend from the line that is the extension of the
8-11     firing line to the backstop berm.
8-12           Sec. 766.105.  RICOCHET CATCHER.  The ricochet catcher must:
8-13                 (1)  be installed along the full length and within four
8-14     feet of the top of the backstop berm; and
8-15                 (2)  run perpendicular to and extend outward at least
8-16     six feet from the surface of the backstop berm facing the shooter.
8-17           Sec. 766.106.  EYEBROW.  The eyebrow must be constructed over
8-18     the shooting area to obscure from the shooter's view the upper
8-19     one-half of the backstop berm.
8-20           Sec. 766.107.  BAFFLES.  (a)  An outdoor shooting range that
8-21     is longer than 25 yards but not longer than 100 yards must have at
8-22     least five overhead baffles.
8-23           (b)  An outdoor shooting range that is longer than 100 yards
8-24     must have at least 10 overhead baffles.
8-25           (c)  An overhead baffle must be:
8-26                 (1)  at least four feet in height;
8-27                 (2)  installed so that the bottom of the baffle is not
 9-1     more than seven feet from the surface of the ground;
 9-2                 (3)  constructed of materials incapable of penetration
 9-3     by a projectile fired by the largest caliber weapon permitted to be
 9-4     fired on the range;
 9-5                 (4)  designed in a manner that does not permit
 9-6     ricochets to leave the range; and
 9-7                 (5)  spaced at approximately equal distances along the
 9-8     course of the range.
 9-9           (d)  An outdoor shooting range subject to Subsection (a) or
9-10     (b) must have a ground baffle constructed beneath each overhead
9-11     baffle.
9-12           (e)  A ground baffle must be:
9-13                 (1)  at least 12 inches in height; and
9-14                 (2)  constructed of earth, steel, concrete, wood, or
9-15     stone.
9-16           Sec. 766.108.  MAINTENANCE.  At least once during each
9-17     five-year period, the owner or operator of an outdoor shooting
9-18     range shall:
9-19                 (1)  remove lead accumulations from backstop berms; and
9-20                 (2)  remove lead shot from skeet, trap, and sporting
9-21     clay ranges.
9-22              (Sections 766.109-766.150 reserved for expansion
9-23              SUBCHAPTER D. OPERATION OF OUTDOOR SHOOTING RANGE
9-24           Sec. 766.151.  DUTIES OF OWNER OR OPERATOR.  The owner or
9-25     operator of an outdoor shooting range shall ensure that the
9-26     operation of the range complies with this subchapter.
9-27           Sec. 766.152.  CONTROLLED ACCESS REQUIRED.  A person may not
 10-1    operate an outdoor shooting range unless:
 10-2                (1)  the person controls access to the entire shooting
 10-3    area, including the backstop berm, side berms, firing line, and any
 10-4    area designated for the firing of shotguns; and
 10-5                (2)  the entire shooting area as described by
 10-6    Subdivision (1) is securely enclosed by a fence that is:
 10-7                      (A)  at least six feet in height; and
 10-8                      (B)  securely gated.
 10-9          Sec. 766.153.  MINIMUM STANDARDS IF OCCUPIED STRUCTURE WITHIN
10-10    SAFETY FAN.  A person may not operate an outdoor shooting range if
10-11    an occupied structure exists within the safety fan for the range,
10-12    unless:
10-13                (1)  each target in the range is located not more than
10-14    300 yards from the firing line;
10-15                (2)  the range does not permit or use:
10-16                      (A)  metal targets; or
10-17                      (B)  moving targets;
10-18                (3)  each weapon, other than a handgun, is fired only
10-19    from a bench rest position; and
10-20                (4)  a person authorized by the owner or operator of
10-21    the range and competent to supervise outdoor range shooting is
10-22    present on the firing line at any time a weapon is fired.
10-23          Sec. 766.154.  DIRECTION OF FIRING.  A person firing a weapon
10-24    at an outdoor shooting range shall fire the weapon only toward the
10-25    backstop berm.
10-26          Sec. 766.155.  NOISE.  A person may not operate an outdoor
10-27    shooting range if, at any property line of the shooting range, the
 11-1    sound generated by the firing of weapons at the shooting range
 11-2    exceeds 55 dB(A).
 11-3          Sec. 766.156.  TIME OF OPERATION.  A person may not operate
 11-4    an outdoor shooting range before 10:00 a.m. or after 7:00 p.m.,
 11-5    local time.
 11-6             (Sections 766.157-766.200 reserved for expansion
 11-7                          SUBCHAPTER E. SHOTGUNS
 11-8          Sec. 766.201.  DUTIES OF OWNER OR OPERATOR.  The owner or
 11-9    operator of an outdoor shooting range at which shotguns are fired
11-10    shall ensure that the operation of the range complies with this
11-11    subchapter.
11-12          Sec. 766.202.  MINIMUM STANDARDS FOR SHOOTING RANGE AT WHICH
11-13    SHOTGUNS ARE FIRED.  A person may not operate or maintain an
11-14    outdoor shooting range at which shotguns are fired unless:
11-15                (1)  a person authorized by the owner or operator of
11-16    the range and competent to supervise outdoor range shooting is
11-17    present on the firing line at any time a shotgun is fired;
11-18                (2)  a person firing a shotgun toward a boundary of the
11-19    shooting range is more than 200 yards from that boundary; and
11-20                (3)  the firing of a shotgun at the shooting range is
11-21    prohibited from firing into or over a drainage, watercourse,
11-22    recharge feature, or other unlined depression in which shotgun
11-23    pellets may accumulate.
11-24          Sec. 766.203.  EXEMPTIONS.  (a)  The provisions of Subchapter
11-25    C, other than Section 766.108(2), do not apply to an outdoor
11-26    shooting range at which only shotguns are fired.
11-27          (b)  Sections 766.153 and 766.154 do not apply to the firing
 12-1    of a shotgun at an outdoor shooting range.
 12-2          SECTION 2.  Subchapter D, Chapter 756, Health and Safety
 12-3    Code, is repealed.
 12-4          SECTION 3.  (a)  Except as provided by Subsection (b) of this
 12-5    section, this Act takes effect September 1, 1999.
 12-6          (b)  Section 766.059, Health and Safety Code, as added by
 12-7    this Act, takes effect January 1, 2000.
 12-8          SECTION 4.  (a)  Except as provided by Subsection (b) of this
 12-9    section, this Act applies to the operation of an outdoor shooting
12-10    range on or after January 1, 2000.
12-11          (b)  A person lawfully operating an outdoor shooting range
12-12    immediately before January 1, 2000, is not required to comply with
12-13    the applicable requirements of Subchapters C, D, and E, Chapter
12-14    766, Health and Safety Code, as added by this Act, before June 1,
12-15    2000.  A person operating an outdoor shooting range under
12-16    Subchapter D, Chapter 756, Health and Safety Code, immediately
12-17    before January 1, 2000, is governed by that subchapter until June
12-18    1, 2000, and that law is continued in effect for that purpose.
12-19          SECTION 5.  (a)  The penal provisions of Chapter 766, Health
12-20    and Safety Code, as added by this Act, apply only to an offense
12-21    committed on or after January 1, 2000.  For purposes of this
12-22    section, an offense is committed before January 1, 2000, if any
12-23    element of the offense occurs before that date.
12-24          (b)  An offense committed before January 1, 2000, is covered
12-25    by the law in effect immediately before September 1, 1999, and the
12-26    former law is continued in effect for this purpose.
12-27          SECTION 6.  The importance of this legislation and the
 13-1    crowded condition of the calendars in both houses create an
 13-2    emergency and an imperative public necessity that the
 13-3    constitutional rule requiring bills to be read on three several
 13-4    days in each house be suspended, and this rule is hereby suspended.