By Denny H.B. No. 1165
77R3777 SGA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to 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 149 to read as follows:
1-7 CHAPTER 149. SPORT SHOOTING RANGES
1-8 Sec. 149.001. 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 as a place where a person may engage in skeet or other
1-14 sport shooting activities using a rifle, a pistol, a silhouette, a
1-15 trap, black powder, or any other similar sport shooting equipment.
1-16 Sec. 149.002. LIMITATION ON LIABILITY. Notwithstanding any
1-17 other law, a person who owns, operates, or uses a sport shooting
1-18 range is not civilly or criminally liable in any matter relating to
1-19 noise or noise pollution that results from the operation or use of
1-20 the range if:
1-21 (1) the range complies with a noise control law or
1-22 local noise regulation that applied to the range and the operation
1-23 of the range at the time the range was constructed; or
1-24 (2) an applicable noise control law or local noise
2-1 regulation did not exist at the time the range was constructed.
2-2 Sec. 149.003. LIMITATION ON NUISANCE ACTION. (a)
2-3 Notwithstanding any other law, a person who owns, operates, or uses
2-4 a sport shooting range is not subject to an action for nuisance or
2-5 a similar cause of action based on noise if:
2-6 (1) the range complies with a noise control law or
2-7 local noise regulation that applied to the range and the operation
2-8 of the range at the time the range was constructed; or
2-9 (2) an applicable noise control law or local noise
2-10 regulation did not exist at the time the range was constructed.
2-11 (b) A court may not enjoin the operation or use of a sport
2-12 shooting range because the operation or use results in noise or
2-13 noise pollution if:
2-14 (1) the range complies with a noise control law or
2-15 local noise regulation that applied to the range and the operation
2-16 of the range at the time the range was constructed; or
2-17 (2) an applicable noise control law or local noise
2-18 regulation did not exist at the time the range was constructed.
2-19 Sec. 149.004. EXEMPTION FROM CERTAIN RULES. A rule adopted
2-20 by a state agency to limit noise levels in terms of decibel level
2-21 that may occur in the outdoor atmosphere does not apply to a sport
2-22 shooting range the liability of which is limited under Section
2-23 149.002.
2-24 Sec. 149.005. EXEMPTION FROM CERTAIN LOCAL NOISE
2-25 REGULATIONS. A sport shooting range that was not in violation of a
2-26 noise control law or local noise regulation in effect at the time
2-27 of the construction and initial operation of the range is not
3-1 subject to:
3-2 (1) a local noise regulation adopted after the
3-3 construction and initial operation of the range; or
3-4 (2) an amendment to a local noise regulation if the
3-5 amendment is adopted after the construction and initial operation
3-6 of the range and application of the amendment to the range would
3-7 result in the range being in violation of the local noise
3-8 regulation.
3-9 Sec. 149.006. CERTAIN RISKS ACCEPTED. A person who uses a
3-10 sport shooting range accepts the risks associated with using the
3-11 range to the extent that the risks are obvious and inherent,
3-12 including the risk of an injury that may result from:
3-13 (1) noise;
3-14 (2) discharge of a projectile or shot;
3-15 (3) malfunction of equipment not owned by the range;
3-16 (4) natural variations in terrain;
3-17 (5) surface or subsurface snow or ice conditions; or
3-18 (6) forms of natural growth or debris, including bare
3-19 spots, rocks, and trees.
3-20 Sec. 149.007. LOCAL REGULATION NOT OTHERWISE PROHIBITED.
3-21 Except as provided by this chapter, a county or municipality may
3-22 regulate the location and construction of a sport shooting range.
3-23 Sec. 149.008. ACTIONS FOR NEGLIGENCE OR RECKLESSNESS NOT
3-24 PROHIBITED. This chapter does not prohibit an action for
3-25 negligence or recklessness in the operation of a sport shooting
3-26 range or in the acts of a person using the range.
3-27 SECTION 2. (a) Chapter 149, Civil Practice and Remedies
4-1 Code, as added by this Act, applies only to a suit that is
4-2 commenced on or after the effective date of this Act. A suit that
4-3 is commenced before the effective date of this Act is governed by
4-4 the law applicable to the suit immediately before the effective
4-5 date of this Act, and that law is continued in effect for that
4-6 purpose.
4-7 (b) Chapter 149, Civil Practice and Remedies Code, as added
4-8 by this Act, applies only to an offense committed on or after the
4-9 effective date of this Act. For purposes of this section, an
4-10 offense is committed before the effective date of this Act if any
4-11 element of the offense occurs before that date. An offense
4-12 committed before the effective date of this Act is covered by the
4-13 law in effect when the offense was committed, and the former law is
4-14 continued in effect for that purpose only.
4-15 SECTION 3. This Act takes effect immediately if it receives
4-16 a vote of two-thirds of all the members elected to each house, as
4-17 provided by Section 39, Article III, Texas Constitution. If this
4-18 Act does not receive the vote necessary for immediate effect, this
4-19 Act takes effect September 1, 2001.