By Carter, Denny H.B. No. 2399
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the liability in relation to and regulation of the
1-3 ownership, operation, and use of sport shooting ranges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 128 to read as follows:
1-7 CHAPTER 128. SPORT SHOOTING RANGES
1-8 Sec. 128.001. DEFINITIONS. In this chapter:
1-9 (1) "Local noise regulation" means a municipal or
1-10 county ordinance, order, or rule regulating noise or noise
1-11 pollution.
1-12 (2) "Sport shooting range" means an area designated
1-13 and operated for the use of a rifle, pistol, silhouette, skeet,
1-14 trap, black powder, or any other similar sport shooting.
1-15 Sec. 128.002. LIMITATION ON LIABILITY. Notwithstanding any
1-16 other law, a person who owns, operates, or uses a sport shooting
1-17 range is not civilly or criminally liable in any matter relating to
1-18 noise or noise pollution that results from the operation or use of
1-19 the range if:
1-20 (1) the range complies with a noise control law or
1-21 local noise regulation that applied to the range and its operation
1-22 at the time the range was constructed; or
1-23 (2) a noise control law or local noise regulation did
1-24 not exist at the time the range was constructed.
2-1 Sec. 128.003. LIMITATION ON NUISANCE ACTION. (a)
2-2 Notwithstanding any other law, a person who owns, operates, or uses
2-3 a sport shooting range is not subject to an action for nuisance or
2-4 similar cause of action based on noise if:
2-5 (1) the range complies with a noise control law or
2-6 local noise regulation that applied to the range and its operation
2-7 at the time the range was constructed; or
2-8 (2) a noise control law or local noise regulation did
2-9 not exist at the time the range was constructed.
2-10 (b) A court may not enjoin the operation or use of a sport
2-11 shooting range because the operation or use results in noise or
2-12 noise pollution if:
2-13 (1) the range complies with a noise control law or
2-14 local noise regulation that applied to the range and its operation
2-15 at the time the range was constructed; or
2-16 (2) a noise control law or local noise regulation did
2-17 not exist at the time the range was constructed.
2-18 Sec. 128.004. EXEMPTION FROM CERTAIN STATE REGULATIONS. A
2-19 rule adopted by a state agency to limit noise levels in terms of
2-20 decibel level that may occur in the outdoor atmosphere does not
2-21 apply to a sport shooting range whose liability is limited under
2-22 Section 128.002.
2-23 Sec. 128.005. EXEMPTION FROM CERTAIN LOCAL NOISE
2-24 REGULATIONS. A sport shooting range that is not in violation of a
2-25 noise law or local noise regulation in effect at the time of the
2-26 initial operation and construction of the range is not subject to
2-27 any local noise regulation adopted after the construction and
3-1 initial operation of the range or an amendment to a local noise
3-2 regulation adopted after the construction and initial operation of
3-3 the range that would result in the range being in violation of the
3-4 local noise regulation.
3-5 Sec. 128.006. CERTAIN RISKS ACCEPTED. A person who uses a
3-6 sport shooting range accepts the risks associated with using the
3-7 range to the extent that the risks are obvious and inherent,
3-8 including the risk of an injury that may result from:
3-9 (1) noise;
3-10 (2) discharge of a projectile or shot;
3-11 (3) malfunction of equipment not owned by the range;
3-12 (4) natural variations in terrain;
3-13 (5) surface or subsurface snow or ice conditions; and
3-14 (6) forms of natural growth or debris, including bare
3-15 spots, rocks, and trees.
3-16 Sec. 128.007. LOCAL REGULATION NOT OTHERWISE PROHIBITED.
3-17 Except as provided by this chapter, a county or municipality may
3-18 regulate the location and construction of a sport shooting range.
3-19 Sec. 128.008. ACTIONS FOR NEGLIGENCE OR RECKLESSNESS NOT
3-20 PROHIBITED. This chapter does not prohibit an action for
3-21 negligence or recklessness in the operation of a sport shooting
3-22 range or by a person using the range.
3-23 SECTION 2. (a) This Act applies to any civil or criminal
3-24 proceeding relating to the ownership, operation, or use of a sport
3-25 shooting range commencing on or after the effective date of this
3-26 Act without regard to whether the ownership, operation, or use
3-27 occurred before, on, or after that date.
4-1 (b) This Act applies to the application of a statute or
4-2 county or municipal noise regulation relating to the ownership,
4-3 operation, or use of a sport shooting range adopted on or after the
4-4 effective date of this Act without regard to whether the ownership,
4-5 operation, or use occurred before, on, or after that date.
4-6 SECTION 3. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended,
4-11 and that this Act take effect and be in force from and after its
4-12 passage, and it is so enacted.