HBA-DMD H.B. 2169 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2169 By: Naishtat Public Safety 4/8/1999 Introduced BACKGROUND AND PURPOSE Outdoor shooting ranges provide hunter education, gun safety, law enforcement, self-defense, and youth shooting programs. Currently, an individual may operate a shooting range anywhere in the state, regardless of the potential hazards the range may pose. Legislation passed by the 72nd Legislature established standards for construction and maintenance of outdoor shooting ranges, however, in 1992 the attorney general ruled that language in this legislation was an unconstitutional attempt to bestow legislative authority on a private association, in contravention of Article III (Legislative Department), Section 1 (Senate and House of Representatives), of the Texas Constitution. H.B. 2169 prohibits a person from constructing or operating an outdoor shooting range in this state unless the person holds a permit issued by the Department of Public Safety (department). This bill requires the Public Safety Commission, by rule, to establish a permit fee. It also requires the owner of an outdoor shooting range to purchase and maintain one or more insurance policies. H.B. 2169 authorizes the department to conduct inspections, including unannounced inspections, at an outdoor shooting range that holds a permit. This bill authorizes the department to deny, suspend, or revoke a permit if the department finds that the permit holder or applicant has committed a certain violation or that the outdoor shooting range otherwise creates an unreasonable threat to public safety. This bill also requires the department to suspend a permit if the department finds the operation of the outdoor shooting range creates an immediate threat to the safety of the public. It establishes a civil and criminal penalty for certain violations. H.B. 2169 sets conditions for an outdoor shooting range. This bill prohibits a person from operating an outdoor shooting range unless certain criteria are met. Additionally, this bill repeals Subchapter D (Outdoor Shooting Ranges), Chapter 756 (Miscellaneous Hazardous Conditions), Health and Safety Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Public Safety Commission in SECTION 1 (Section 766.052, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle A, Title 9, Health and Safety Code, by adding Chapter 766, as follows: CHAPTER 766. OUTDOOR SHOOTING RANGES SUBCHAPTER A. GENERAL PROVISIONS Sec. 766.001. DEFINITIONS. Defines "department" and "outdoor shooting range" in this chapter. Sec. 766.002. SAFETY FAN. Defines "target distance" in this section. Defines "target line" for purposes of this section. Sets forth the boundaries for the safety fan for an outdoor shooting range. Sec. 766.003. APPLICABILITY. Set forth that this chapter applies only to an outdoor shooting range located in certain counties, except as provided by Section 766.054. Sec. 766.004. LOCAL ORDINANCES. Sets forth that this chapter does not prohibit a county or municipality from enacting an ordinance regulating the design, construction, operation, or maintenance of an outdoor shooting range if the ordinance is at least as stringent as the requirements of this chapter. SUBCHAPTER B. PERMITTING; GENERAL REQUIREMENTS Sec. 766.051. PERMIT REQUIRED. Prohibits a person from constructing or operating an outdoor shooting range in this state unless the person holds a permit issued by the Department of Public Safety (department) under this subchapter. Sec. 766.052. APPLICATION; FEE. Provides that an application containing certain required information for a permit under this subchapter is made to the department on a form provided by the department and must be accompanied by the permit fee. Requires the Public Safety Commission, by rule, to establish the permit fee to be assessed under this chapter and prohibits the fee from exceeding the amount necessary to defray the department's expenses in administering this subchapter. Sec. 766.053. ISSUANCE OF PERMIT. Requires the department to issue a permit if, after inspection and investigation, the department finds that the construction and operation of the outdoor shooting range meets the requirements of this chapter and does not otherwise create an unreasonable threat to public safety. Sec. 766.054. INSURANCE. (a) Requires the owner of an outdoor shooting range to purchase and maintain one or more insurance policies, that provide coverage for damages resulting from firing any weapon while on the shooting range, that are subject to certain limits. (b) Requires the owner of an outdoor shooting range to prominently display a sign at the shooting range stating that the owner has purchased insurance to cover bodily injury, death, or property damage occurring from activities at the shooting range. (c) Sets forth that this section applies to any outdoor shooting range, and the owner of an outdoor shooting range who violates this section is subject to the civil penalty provided by Section 766.058 and the criminal penalty provided by Section 766.059, without regard to whether the outdoor shooting range is located in a county described by Section 766.003. Sec. 766.055. INSPECTIONS. Authorizes the department to conduct inspections, including unannounced inspections, at an outdoor shooting range that holds a permit under this subchapter at a reasonable time as necessary to ensure compliance with this chapter. Sec. 766.056. DENIAL, REVOCATION, OR SUSPENSION OF PERMIT. (a) Authorizes the department to deny, suspend, or revoke a permit issued under this subchapter if the department finds that the permit holder or applicant violates this chapter or that the outdoor shooting range otherwise creates an unreasonable threat to public safety. (b) Provides that except as provided by Section 766.057, the denial, suspension, or revocation of a permit under this section is a contested case subject to Chapter 2001 (Administrative Procedure), Government Code, and is subject to judicial review as provided by that chapter. Sec. 766.057. EMERGENCY SUSPENSION. (a) Requires the department to suspend a permit issued under this subchapter if the department finds the operation of the outdoor shooting range creates an immediate threat to the safety of the public. (b) Provides that an order suspending a permit under this section is immediately effective on the date on which the permit holder receives written notice of the order. (c) Provides that an order suspending a permit is valid for 30 days after the date the order was signed. (d) Requires the department, if requested in writing by a permit holder whose permit is suspended, to conduct a hearing to continue, modify, or rescind the emergency suspension. (e) Provides that the hearing must be held no later than 10 days after the hearing request is received. Sec. 766.058. CIVIL PENALTY. (a) Sets forth that the owner of an outdoor shooting range is liable for a civil penalty of $50 for each violation that occurs 60 days after the department notifies the owner of the violation. Provides that each day that the violation continues constitutes a separate violation. Prohibits the aggregate amount of the penalties assessed under this section for all days that a violation continues from exceeding $500. (b) Requires the attorney general or the appropriate district attorney, criminal district attorney, or county attorney to recover the civil penalty in a suit on behalf of the state. Requires the penalty to be deposited in the state treasury to the credit of the general revenue fund, if the attorney general brings the suit. Requires the penalty to be deposited in the general fund of the county in which the violation occurred, if another attorney brings the suit. Sec. 766.059. CRIMINAL PENALTY. (a) Sets forth that the owner of an outdoor shooting range commits an offense if the owner intentionally, knowingly, or recklessly violates this chapter and that violation results in injury to another person. (b) Provides that an offense under this section is a Class C misdemeanor, except that if it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this section, the offense is a Class A misdemeanor. SUBCHAPTER C. CONSTRUCTION AND MAINTENANCE OF CERTAIN OUTDOOR SHOOTING RANGES Sec. 766.101. APPLICATION OF SUBCHAPTER. Provides that an outdoor shooting range must be constructed and maintained in accordance with this subchapter. Sec. 766.102. RANGE CONSTRUCTION. Sets conditions for an outdoor shooting range, if an occupied structure is located within the safety fan for an outdoor shooting range. Provides that if an occupied structure is not located within the safety fan for an outdoor shooting range, the outdoor shooting range must be constructed with a backstop berm and a ricochet catcher. Sec. 766.103. BACKSTOP BERM. Establishes construction specifications for the backstop berm. Sec. 766.104. SIDE BERM. Establishes construction specifications for the backstop berm. Sec. 766.105. RICOCHET CATCHER. Provides that the ricochet catcher must be installed along the full length and within four feet of the top of the backstop berm, and run perpendicular to and extend outward at least six feet from the surface of the backstop berm facing the shooter. Sec. 766.106. EYEBROW. Provides that the eyebrow must be constructed over the shooting area to obscure from the shooter's view the upper one-half of the backstop berm. Sec. 766.107. BAFFLES. Provides that an outdoor shooting range that is longer than 25 yards but not longer than 100 yards must have at least five overhead baffles. Provides that an outdoor shooting range that is longer than 100 yards must have at least 10 overhead baffles. Establishes construction specifications for an overhead baffle. Provides that an outdoor shooting range must have a ground baffle constructed beneath each overhead baffle. Provides that a ground baffle must be at least 12 inches in height, and constructed of earth, steel, concrete, wood, or stone. Sec. 766.108. MAINTENANCE. Requires the owner or operator of an outdoor shooting range, at least once during each five-year period, to remove lead accumulations from backstop berms, and remove lead shot from skeet, trap, and sporting clay ranges. SUBCHAPTER D. OPERATION OF OUTDOOR SHOOTING RANGE Sec. 766.151. DUTIES OF OWNER OR OPERATOR. Requires the owner or operator of an outdoor shooting range to ensure that the operation of the range complies with this subchapter. Sec. 766.152. CONTROLLED ACCESS REQUIRED. Prohibits a person from operating an outdoor shooting range unless certain criteria are met. Sec. 766.153. MINIMUM STANDARDS IF OCCUPIED STRUCTURE WITHIN SAFETY FAN. Prohibits a person from operating an outdoor shooting range if an occupied structure exists within the safety fan for the range, unless certain criteria are met. Sec. 766.154. DIRECTION OF FIRING. Requires a person firing a weapon at an outdoor shooting range to fire the weapon only toward the backstop berm. Sec. 766.155. NOISE. Prohibits a person from operating an outdoor shooting range if, at any property line of the shooting range, the sound generated by the firing of weapons at the shooting range exceeds 55 dB(A). Sec. 766.156. TIME OF OPERATION. Prohibits a person from operating an outdoor shooting range before 10:00 a.m. or after 7:00 p.m., local time. SUBCHAPTER E. SHOTGUNS Sec. 766.201. DUTIES OF OWNER OR OPERATOR. Requires the owner or operator of an outdoor shooting range at which shotguns are fired to ensure that the operation of the range complies with this subchapter. Sec. 766.202. MINIMUM STANDARDS FOR SHOOTING RANGE AT WHICH SHOTGUNS ARE FIRED. Prohibits a person from operating or maintaining an outdoor shooting range at which shotguns are fired unless certain criteria are met. Sec. 766.203. EXEMPTIONS. Sets forth that the provisions of Subchapter C, other than Section 766.108, do not apply to an outdoor shooting range at which only shotguns are fired. Provides that Sections 766.153 and 766.154 do not apply to the firing of a shotgun at an outdoor shooting range. SECTION 2. Repealer: Subchapter D (Outdoor Shooting Ranges), Chapter 756 (Miscellaneous Hazardous Conditions), Health and Safety Code. SECTION 3.(a) Effective date: September 1, 1999, except as provided by Subsection (b) of this section. (b) Effective date: January 1, 2000, for Section 766.059, Health and Safety Code, as added by this Act. SECTION 4. (a) Sets forth that except as provided by Subsection (b) of this section, this Act applies to the operation of an outdoor shooting range on or after January 1, 2000. (b) Provides that a person lawfully operating an outdoor shooting range immediately before January 1, 2000, is not required to comply with the applicable requirements of Subchapters C, D, and E, Chapter 766, Health and Safety Code, as added by this Act, before June 1, 2000. Provides that a person operating an outdoor shooting range under Subchapter D, Chapter 756, Health and Safety Code, immediately before January 1, 2000, is governed by that subchapter until June 1, 2000, and that law is continued in effect for that purpose. SECTION 5. Makes the penal provisions of Chapter 766, Health and Safety Code, as added by this Act, prospective to an offense committed any element of which on or after January 1, 2000. SECTION 6.Emergency clause.