By Denny                                              H.B. No. 1837
         77R4907 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 was [is]
1-10     in existence on or before August 26, 1991, [the effective date of
1-11     this Act] and operating an area for the discharge or other use of
1-12     firearms for silhouette, skeet, trap, black powder, target,
1-13     self-defense, or 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.