HBA-DMH C.S.H.B. 1837 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1837
By: Denny
County Affairs
3/25/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Growth in rural Texas may bring residents into closer proximity with a
sport shooting range.  Currently, there are restrictions on the regulation
of these ranges that prohibit a governmental official from seeking a civil
or criminal penalty against a range or its owner or operator under certain
circumstances.  C.S.H.B. 1837 extends that regulatory protection to include
private clubs and associations and any businesses operating as sport
shooting ranges. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 1837 amends the Local Government Code to prohibit a governmental
official from seeking a civil or criminal penalty, or a person from
bringing a nuisance or similar cause of action, against any business
establishment, private club, or association that operates an area for the
discharge or other use of firearms for specified types of recreational
shooting (sport shooting range) or its owner or operator based on the
violation of a municipal or county ordinance, order or rule regulating
noise if the sport shooting range is in compliance with the applicable
ordinance, order, or rule, or if no applicable noise ordinance, order, or
rule exists. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1837 differs from the original bill by providing that the
prohibition against a governmental official seeking a penalty, or a person
bringing an action, against a sport shooting range applies to all sport
shooting ranges, not just those in existence on or before August 26, 1991.