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.
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