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A BILL TO BE ENTITLED
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AN ACT
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relating to the liability of a sport shooting range and the |
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regulation of firearms, ammunition, firearm supplies, and sport |
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shooting ranges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 128, Civil Practice and |
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Remedies Code, is amended to read as follows: |
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CHAPTER 128. LIMITATION ON SUITS AGAINST SPORT SHOOTING RANGE |
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OR FIREARMS OR AMMUNITION MANUFACTURER, TRADE |
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ASSOCIATION, OR SELLER |
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SECTION 2. Chapter 128, Civil Practice and Remedies Code, |
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is amended by designating Section 128.001 as Subchapter A, Chapter |
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128, Civil Practice and Remedies Code, and adding a heading to |
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Subchapter A to read as follows: |
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SUBCHAPTER A. SUIT BY GOVERNMENTAL UNIT |
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SECTION 3. Section 128.001, Civil Practice and Remedies |
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Code, is amended by amending Subsections (a) and (b) and adding |
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Subsection (f) to read as follows: |
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(a) In this section: |
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(1) "Governmental [, "governmental] unit" means: |
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(A) [(1)] a political subdivision of the state, |
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including a municipality or county; and |
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(B) [(2)] any other agency of government whose |
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authority is derived from the laws or constitution of this state. |
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(2) "Sport shooting range" has the meaning assigned by |
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Section 250.001, Local Government Code. |
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(b) Except as provided by Subsections [Subsection] (c) and |
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(f), a governmental unit may not bring suit against: |
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(1) a firearms or ammunition manufacturer, trade |
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association, or seller for recovery of damages resulting from, or |
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injunctive relief or abatement of a nuisance relating to, the |
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lawful design, manufacture, marketing, or sale of firearms or |
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ammunition to the public; or |
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(2) a sport shooting range, the owners or operators of |
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a sport shooting range, or the owners of real property on which a |
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sport shooting range is operated, for the lawful discharge of |
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firearms on the sport shooting range. |
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(f) Nothing in this section shall prohibit a governmental |
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unit from bringing an action against a sport shooting range, the |
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owners or operators of a sport shooting range, or the owners of real |
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property on which a sport shooting range is operating if the sport |
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shooting range began operation after September 1, 2011, and |
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operates exclusively within the governmental unit's geographical |
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limits, exclusive of the governmental unit's extraterritorial |
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jurisdiction: |
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(1) for injunctive relief to enforce a valid |
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ordinance, statute, or regulation; or |
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(2) to require the sport shooting range to comply with |
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generally accepted standards followed in the sport shooting range |
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industry in this state at the time of the sport shooting range's |
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construction. |
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SECTION 4. Chapter 128, Civil Practice and Remedies Code, |
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is amended by adding Subchapter B to read as follows: |
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SUBCHAPTER B. CIVIL ACTIONS |
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Sec. 128.051. DEFINITIONS. In this subchapter: |
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(1) "Claim" means any relief sought in a civil action, |
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including all forms of monetary recovery or injunctive relief. |
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(2) "Claimant" has the meaning assigned by Section |
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41.001. |
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(3) "Expert" means a person who is: |
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(A) giving opinion testimony about the |
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appropriate standard of care for a sport shooting range, an owner or |
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operator of a sport shooting range, or the owner of real property on |
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which a sport shooting range is operated, or the causal |
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relationship between the injury, harm, or damages claimed and the |
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alleged departure from the applicable standard of care; and |
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(B) qualified to render opinions on the standards |
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and causal relationship described by Paragraph (A) under the Texas |
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Rules of Evidence. |
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(4) "Expert report" means a written report by an |
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expert that provides a fair summary of the expert's opinions as of |
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the date of the report regarding applicable standards of care for |
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operation of a sport shooting range, the manner in which a defendant |
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failed to meet the standards, and the causal relationship between |
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that failure and the injury, harm, or damages claimed. |
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(5) "Sport shooting range" has the meaning assigned by |
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Section 250.001, Local Government Code. |
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Sec. 128.052. LIMITATION ON CIVIL ACTION AND RECOVERY OF |
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DAMAGES. (a) Except as provided by Subsection (b), a civil action |
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may not be brought against a sport shooting range, the owner or |
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operator of a sport shooting range, or the owner of the real |
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property on which a sport shooting range is operated for recovery of |
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damages resulting from, or injunctive relief or abatement of a |
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nuisance relating to, the lawful discharge of firearms. |
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(b) Nothing in this section prohibits a civil action against |
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a sport shooting range, the owner or operator of a sport shooting |
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range, or the owner of the real property on which a sport shooting |
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range is operated for recovery of damages for: |
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(1) breach of contract for use of the real property on |
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which a sport shooting range is located; |
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(2) damage or harm to private property caused by the |
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unlawful discharge of firearms on a sport shooting range; |
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(3) personal injury or death caused by the unlawful |
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discharge of a firearm on a sport shooting range; or |
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(4) injunctive relief to enforce a valid ordinance, |
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statute, or regulation. |
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(c) Damages may be awarded, or an injunction may be |
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obtained, in a civil action brought under this section if the |
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claimant shows by a preponderance of the evidence, through the |
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testimony of one or more expert witnesses, that the sport shooting |
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range, the owner or operator of the sport shooting range, or the |
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owner of real property on which the sport shooting range is |
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operated, with wilful and wanton negligence, deviated from the |
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standard of care that is reasonably expected of an ordinarily |
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prudent sport shooting range, owner or operator of a sport shooting |
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range, or owner of real property on which a sport shooting range is |
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operated in the same or similar circumstances. |
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Sec. 128.053. EXPERT REPORT. (a) In a suit against a sport |
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shooting range, an owner or operator of a sport shooting range, or |
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the owner of real property on which a sport shooting range is |
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operated, a claimant shall, not later than the 90th day after the |
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date the original petition was filed, serve on each party or the |
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party's attorney one or more expert reports, with a curriculum |
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vitae of each expert listed in the report for each defendant against |
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whom a claim is asserted. The date for serving the report may be |
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extended by written agreement of the affected parties. Each |
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defendant whose conduct is implicated in a report must file and |
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serve any objection to the sufficiency of the report not later than |
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the 21st day after the date the report is served or all objections |
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are waived. |
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(b) If, as to a defendant, an expert report has not been |
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served within the period specified by Subsection (a), the court, on |
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the motion of the affected defendant, shall, subject to Subsection |
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(c), enter an order that: |
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(1) awards to the affected defendant attorney's fees |
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and costs of court incurred by the defendant; and |
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(2) dismisses the claim with prejudice with respect to |
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the affected defendant. |
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(c) If an expert report has not been served within the |
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period specified by Subsection (a) because elements of the report |
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are found deficient, the court may grant one extension of not more |
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than 30 days to the claimant in order to cure the deficiency. If the |
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claimant does not receive notice of the court's ruling granting the |
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extension until after the 90th day after the date the deadline has |
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passed, then the 30-day extension runs from the date the plaintiff |
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first receives the notice. |
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(d) Notwithstanding any other provision of this section, a |
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claimant may satisfy any requirement of this section for serving an |
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expert report by serving reports of separate experts regarding |
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different defendants or regarding different issues arising from the |
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conduct of a defendant, including issues of liability and |
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causation. Nothing in this section shall be construed to mean that a |
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single expert must address all liability and causation issues with |
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respect to all defendants or with respect to both liability and |
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causation issues for a defendant. |
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(e) A court shall grant a motion challenging the adequacy of |
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an expert report only if it appears to the court, after a hearing, |
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that the report does not represent an objective, good faith effort |
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to comply with the requirements of an expert report. |
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(f) Until a claimant has served the expert report and |
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curriculum vitae as required by Subsection (a), all discovery is |
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stayed except that after a claim is filed all claimants, |
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collectively, may take not more than two depositions before the |
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expert report is served as required by Subsection (a). |
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SECTION 5. Section 229.001, Local Government Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(e) to read as follows: |
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(a) Notwithstanding any other law, including Section 43.002 |
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of this code and Chapter 251, Agriculture Code, a [A] municipality |
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may not adopt regulations relating to: |
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(1) the transfer, private ownership, keeping, |
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transportation, licensing, or registration of firearms, |
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ammunition, or firearm supplies; or |
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(2) the discharge of a firearm at a sport shooting |
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range. |
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(b) Subsection (a) does not affect the authority a |
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municipality has under another law to: |
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(1) require residents or public employees to be armed |
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for personal or national defense, law enforcement, or another |
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lawful purpose; |
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(2) regulate the discharge of firearms within the |
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limits of the municipality, other than at a sport shooting range; |
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(3) regulate the use of property, the location of a |
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business, or uses at a business under the municipality's fire code, |
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zoning ordinance, or land-use regulations as long as the code, |
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ordinance, or regulations are not used to circumvent the intent of |
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Subsection (a) or Subdivision (5) of this subsection; |
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(4) regulate the use of firearms in the case of an |
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insurrection, riot, or natural disaster if the municipality finds |
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the regulations necessary to protect public health and safety; |
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(5) regulate the storage or transportation of |
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explosives to protect public health and safety, except that 25 |
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pounds or less of black powder for each private residence and 50 |
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pounds or less of black powder for each retail dealer are not |
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subject to regulation; or |
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(6) regulate the carrying of a firearm by a person |
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other than a person licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code, at a: |
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(A) public park; |
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(B) public meeting of a municipality, county, or |
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other governmental body; |
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(C) political rally, parade, or official |
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political meeting; or |
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(D) nonfirearms-related school, college, or |
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professional athletic event. |
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(e) In this section "sport shooting range" has the meaning |
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assigned by Section 250.001. |
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SECTION 6. Subtitle B, Title 7, Local Government Code, is |
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amended by adding Chapter 236 to read as follows: |
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CHAPTER 236. COUNTY REGULATION OF FIREARMS, AMMUNITION, FIREARM |
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SUPPLIES, AND SPORT SHOOTING RANGES |
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Sec. 236.001. DEFINITION. In this chapter, "sport shooting |
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range" has the meaning assigned by Section 250.001. |
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Sec. 236.002. FIREARMS; SPORT SHOOTING RANGE. |
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Notwithstanding any other law, including Section 43.002 of this |
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code and Chapter 251, Agriculture Code, a county may not adopt |
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regulations relating to: |
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(1) the transfer, private ownership, keeping, |
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transportation, licensing, or registration of firearms, |
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ammunition, or firearm supplies; or |
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(2) the discharge of a firearm at a sport shooting |
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range. |
|
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SECTION 7. Section 250.001(a), Local Government Code, is |
|
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amended to read as follows: |
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(a) In this section: |
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(1) "Association" or "private club" means an |
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association or private club that operates a sport shooting range at |
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which not fewer than 20 different individuals discharge firearms |
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each calendar year. |
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(2) "Sport [, "sport] shooting range" means a business |
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establishment, private club, or association that operates an area |
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for the discharge or other use of firearms for silhouette, skeet, |
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trap, black powder, target, self-defense, or similar recreational |
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shooting. |
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SECTION 8. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
|
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this Act. A cause of action that accrues before the effective date |
|
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of this Act is governed by the law in effect immediately before the |
|
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 9. This Act takes effect on September 1, 2011. |