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.