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.