By Denny H.B. No. 1837
77R8728 SGA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions on the application of noise regulations to
1-3 sport shooting ranges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 250.001, Local Government Code, is amended
1-6 to read as follows:
1-7 Sec. 250.001. RESTRICTION ON REGULATION OF SPORT SHOOTING
1-8 RANGES. (a) In this section, "sport shooting range" means a
1-9 business establishment, private club, or association that operates
1-10 [is in existence on or before the effective date of this Act and
1-11 operating] an area for the discharge or other use of firearms for
1-12 silhouette, skeet, trap, black powder, target, self-defense, or
1-13 similar recreational shooting.
1-14 (b) A governmental official may not seek a civil or criminal
1-15 penalty against a sport shooting range or its owner or operator
1-16 based on the violation of a municipal or county ordinance, order,
1-17 or rule regulating noise:
1-18 (1)[,] if the sport shooting range is in compliance
1-19 with the applicable ordinance, order, or rule; or
1-20 (2) if no applicable noise ordinance, order, or rule
1-21 exists.
1-22 (c) A person may not bring a nuisance or similar cause of
1-23 action against a sport shooting range based on noise:
1-24 (1)[,] if the sport shooting range is in compliance
2-1 with all applicable municipal and county ordinances, orders, and
2-2 rules regulating noise; or
2-3 (2) if no applicable noise ordinance, order, or rule
2-4 exists.
2-5 SECTION 2. (a) The change in law made by this Act applies
2-6 only to an offense committed on or after the effective date of this
2-7 Act. For purposes of this section, an offense is committed before
2-8 the effective date of this Act if any element of the offense occurs
2-9 before that date.
2-10 (b) An offense committed before the effective date of this
2-11 Act is covered by the law in effect when the offense was committed,
2-12 and the former law is continued in effect for that purpose.
2-13 (c) The change in law made by this Act applies only to a
2-14 cause of action that accrues on or after the effective date of this
2-15 Act. A cause of action that accrues before the effective date of
2-16 this Act is governed by the law applicable to the cause of action
2-17 immediately before the effective date of this Act, and that law is
2-18 continued in effect for that purpose.
2-19 SECTION 3. This Act takes effect immediately if it receives
2-20 a vote of two-thirds of all the members elected to each house, as
2-21 provided by Section 39, Article III, Texas Constitution. If this
2-22 Act does not receive the vote necessary for immediate effect, this
2-23 Act takes effect September 1, 2001.