1-1 By: Denny (Senate Sponsor - Armbrister) H.B. No. 1837
1-2 (In the Senate - Received from the House April 24, 2001;
1-3 April 25, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 9, 2001, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; May 9, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to restrictions on the application of noise regulations to
1-9 sport shooting ranges.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 250.001, Local Government Code, is amended
1-12 to read as follows:
1-13 Sec. 250.001. RESTRICTION ON REGULATION OF SPORT SHOOTING
1-14 RANGES. (a) In this section, "sport shooting range" means a
1-15 business establishment, private club, or association that operates
1-16 [is in existence on or before the effective date of this Act and
1-17 operating] an area for the discharge or other use of firearms for
1-18 silhouette, skeet, trap, black powder, target, self-defense, or
1-19 similar recreational shooting.
1-20 (b) A governmental official may not seek a civil or criminal
1-21 penalty against a sport shooting range or its owner or operator
1-22 based on the violation of a municipal or county ordinance, order,
1-23 or rule regulating noise:
1-24 (1)[,] if the sport shooting range is in compliance
1-25 with the applicable ordinance, order, or rule; or
1-26 (2) if no applicable noise ordinance, order, or rule
1-27 exists.
1-28 (c) A person may not bring a nuisance or similar cause of
1-29 action against a sport shooting range based on noise:
1-30 (1)[,] if the sport shooting range is in compliance
1-31 with all applicable municipal and county ordinances, orders, and
1-32 rules regulating noise; or
1-33 (2) if no applicable noise ordinance, order, or rule
1-34 exists.
1-35 SECTION 2. (a) The change in law made by this Act applies
1-36 only to an offense committed on or after the effective date of this
1-37 Act. For purposes of this section, an offense is committed before
1-38 the effective date of this Act if any element of the offense occurs
1-39 before that date.
1-40 (b) An offense committed before the effective date of this
1-41 Act is covered by the law in effect when the offense was committed,
1-42 and the former law is continued in effect for that purpose.
1-43 (c) The change in law made by this Act applies only to a
1-44 cause of action that accrues on or after the effective date of this
1-45 Act. A cause of action that accrues before the effective date of
1-46 this Act is governed by the law applicable to the cause of action
1-47 immediately before the effective date of this Act, and that law is
1-48 continued in effect for that purpose.
1-49 SECTION 3. This Act takes effect immediately if it receives
1-50 a vote of two-thirds of all the members elected to each house, as
1-51 provided by Section 39, Article III, Texas Constitution. If this
1-52 Act does not receive the vote necessary for immediate effect, this
1-53 Act takes effect September 1, 2001.
1-54 * * * * *