HBA-NIK H.B. 2399 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2399
By: Carter
Civil Practices
4/1/1999
Introduced



BACKGROUND AND PURPOSE 

Residential growth in Texas may bring residents into close proximity to
shooting ranges.  H.B. 2399 limits the civil and criminal liability of
owners, operators, and users of sport shooting ranges and provides
exemptions from certain state and local regulations. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 6, Civil Practice and Remedies Code, by adding
Chapter 128, as follows: 

CHAPTER 128. SPORT SHOOTING RANGES

Sec. 128.001. DEFINITIONS. Defines "local noise regulation" and "sport
shooting range." 

Sec. 128.002.  LIMITATION ON LIABILITY.  Provides that a person who owns,
operates, or uses a sport shooting range is not civilly or criminally
liable in any matter relating to noise or noise pollution that results from
the operation or use of the range if the range complies with a noise
control law (noise law) or local noise regulation (regulation) at the time
it was constructed, or a noise law or regulation did not exist at the time
the range was constructed. 

Sec. 128.003. LIMITATION ON NUISANCE ACTION.  (a) Provides that a person
who owns, operates, or uses a sport shooting range is not subject to an
action for nuisance or similar cause of action based on noise if the range
complies with a noise law or regulation that applied to the range and its
operation at the time the range was constructed, or a noise law or
regulation did not exist at the time the range was constructed. 

(b) Prohibits a court from enjoining the operation or use of a sport
shooting range because the operation or use results in noise or noise
pollution if the range complies with a noise law or regulation that applied
to the range and its operation at the time the range was constructed, or a
noise law or regulation did not exist at the time the range was
constructed. 

Sec. 128.004.  EXEMPTION FROM CERTAIN STATE REGULATIONS. Provides that a
rule adopted by a state agency to limit the decibel level of noise that may
occur in the outdoor atmosphere does not apply to a sport shooting range
whose liability is limited under Section 128.002. 

Sec. 128.005.  EXEMPTION FROM CERTAIN LOCAL NOISE REGULATIONS. Provides
that a sport shooting range that is not in violation of a noise law or
regulation in effect at the time of the initial operation and construction
of the range is not subject to any regulation or an amendment to a
regulation adopted after the construction and initial operation of the
range that would result in the range being in violation of the regulation. 
 
Sec. 128.006. CERTAIN RISKS ACCEPTED.  Provides that a person who uses a
sport shooting range accepts the risks associated with using the range to
the extent that the risks are obvious and inherent, including the risk of
an injury that may  result from noise, discharge of a projectile or shot,
malfunction of equipment not owned by the range, natural variations in the
terrain, surface or subsurface snow or ice conditions, and forms of natural
growth or debris. 

Sec. 128.007.  LOCAL REGULATION NOT OTHERWISE PROHIBITED.  Authorizes a
county or municipality, except as provided by this chapter, to regulate the
location and construction of a sport shooting range. 

Sec. 128.008.  ACTIONS FOR NEGLIGENCE OR RECKLESSNESS NOT PROHIBITED.
Provides that this chapter does not prohibit an action for negligence or
recklessness in the operation of a sport shooting range. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date: upon passage.