Bill Text: TX SB766 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the liability of a sport shooting range and the regulation of firearms, ammunition, firearm supplies, and sport shooting ranges.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB766 Detail]

Download: Texas-2011-SB766-Introduced.html

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By: Estes S.B. No. 766

A BILL TO BE ENTITLED
AN ACT
relating to regulation and enforcement of laws affecting sport
shooting ranges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 128, Civil Practice and Remedies Code,
is amended to read as follows:
CHAPTER 128. LIMITATION ON SUITS AGAINST FIREARMS OR
AMMUNITION MANUFACTURER, TRADE ASSOCIATION, [OR]
SELLER, OR SPORT SHOOTING RANGE
Sec. 128.001. LIMITATION ON RIGHT TO BRING SUIT OR RECOVER
DAMAGES. (a) In this section, "governmental unit" means:
(1) a political subdivision of the state, including a
municipality or county; and
(2) any other agency of government whose authority is
derived from the laws or constitution of this state.
(b) Except as provided by Subsections (c) and (f), a
governmental unit may not bring suit against a firearms or
ammunition manufacturer, trade association, or seller for recovery
of damages resulting from, or injunctive relief or abatement of a
nuisance relating to, the lawful design, manufacture, marketing, or
sale of firearms or ammunition to the public, or against a sport
shooting range, as defined in Section 250.001, Local Government
Code, or the owners or operators of a sport shooting range, or the
owners of real property on which a sport shooting range is operated,
for the lawful discharge of firearms on the sport shooting range.
(c) A governmental unit on behalf of the state or any other
governmental unit may bring a suit described by Subsection (b) if
the suit is approved in advance by the legislature in a concurrent
resolution or by enactment of a law. This subsection does not
create a cause of action.
(d) Nothing in this section shall prohibit a governmental
unit from bringing an action against a firearms manufacturer, trade
association, or seller for recovery of damages for:
(1) breach of contract or warranty as to firearms or
ammunition purchased by a governmental unit;
(2) damage or harm to property owned or leased by the
governmental unit caused by a defective firearm or ammunition;
(3) personal injury or death, if such action arises
from a governmental unit's claim for subrogation;
(4) injunctive relief to enforce a valid ordinance,
statute, or regulation; or
(5) contribution under Chapter 33, Civil Practice and
Remedies Code.
(e) Nothing in this section shall prohibit the attorney
general from bringing a suit described by Subsection (b) on behalf
of the state or any other governmental unit. This subsection does
not create a cause of action.
(f) Nothing in this section shall prohibit a municipality
from bringing an action against a sport shooting range, or the
owners or operators of a sport shooting range, or the owners of real
property on which a sport shooting range is operating, for
injunctive relief to enforce a valid ordinance, statute or
regulation, or to require a sport shooting range to comply with
generally accepted standards followed in the sport shooting range
industry in Texas at the time of the sport shooting range's
construction, if the sport shooting range:
(1) began operation after September 1, 2011; and
(2) operates exclusively within the municipality's
geographical limits, exclusive of its extraterritorial
jurisdiction.
Sec. 128.002. LIMITATION ON PRIVATE SUITS AGAINST OR
RECOVERY OF DAMAGES FROM A SPORT SHOOTING RANGE. (a) In this
section,
(1) "private suit" means:
(A) a civil suit brought by a natural person; or
(B) a civil suit brought by an entity other than a
natural person or governmental entity;
(2) "sport shooting range" has the same meaning
assigned by Section 250.001, Local Government Code;
(3) "claimant" has the same meaning assigned by
Section 41.001;
(4) "Clear and convincing evidence" has the same
meaning assigned by Section 41.001.
(b) Except as provided by Subsection (c), a private suit may
not be brought against a sport shooting range or its owners or
operators, or the owners of the real property on which a sport
shooting range is operated, for recovery of damages resulting from,
or injunctive relief or abatement of a nuisance relating to the
lawful discharge of firearms.
(c) Nothing in this section shall prohibit a private suit
against a sport shooting range or its owners or operators, or the
owners of the real property on which a sport shooting range is
operated, for recovery of damages for:
(1) breach of contract for use of the real property on
which a sport shooting range is located;
(2) damage or harm to private property caused by the
unlawful discharge of firearms on a sport shooting range;
(3) personal injury or death caused by the unlawful
discharge of a firearm on a sport shooting range; or
(4) injunctive relief to enforce a valid ordinance,
statute, or regulation.
(d) Damages may be awarded, or an injunction may be
obtained, in a private suit brought pursuant to Subsections (c)(2),
(c)(3), and (c)(4) only if the claimant establishes a right to
recovery by clear and convincing evidence.
Section 2. Section 229.001, Local Government Code, is
amended by amending Subsections (a) and (b) to read as follows:
Sec. 229.001. FIREARMS; EXPLOSIVES. (a) A municipality
may not adopt regulations relating to the transfer, private
ownership, keeping, transportation, licensing, or registration or
firearms, ammunition, or firearm supplies, or the discharge of a
firearm at, or the operation of, a "sport shooting range" as defined
in Section 250.001.
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
(1) require residents or public employees to be armed
for personal or national defense, law enforcement, or another
lawful purpose;
(2) regulate the discharge of firearms within the
limits of the municipality, other than at a "sport shooting range"
as defined in Section 250.001;
(3) regulate the use of property, the location of a
business, or uses at a business under the municipality's fire code,
zoning ordinance, or land-use regulations as long as the code,
ordinance, or regulations are not used to circumvent the intent of
Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms in the case of an
insurrection, riot, or natural disaster if the municipality finds
the regulations necessary to protect public health and safety;
(5) regulate the storage or transportation of
explosives to protect public health and safety, except that 25
pounds or less of black powder for each private residence and 50
pounds or less of black powder for each retail dealer are not
subject to regulation; or
(6) regulate the carrying of a firearm by a person
other than a person licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code, [FN1] at a:
(A) public park;
(B) public meeting of a municipality, county, or
other governmental body;
(C) political rally, parade, or official
political meeting; or
(D) nonfirearms-related school, college, or
professional athletic event.
SECTION 3. Subtitle B, Title 7, Local Governmental Code, is
amended by adding Chapter 236 to read as follows:
CHAPTER 236. COUNTY REGULATION OF FIREARMS, AMMUNITION AND
SPORT SHOOTING RANGES
Sec. 236.001. FIREARMS; SPORT SHOOTING RANGES. (a) In
this section, "sport shooting range" has the same meaning assigned
in Section 250.001.
(b) A county by order of commissioners court may not adopt
regulations relating to the transfer, private ownership, keeping,
transportation, licensing, or registration of firearms,
ammunition, or firearm supplies, or the discharge of a firearm at,
or the operation of, a "sport shooting range" as defined in Section
250.001.
SECTION 4. Section 250.001, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) In order to qualify as a "private club or an
"association" within the meaning of subsection (a), at least twenty
different individuals must discharge firearms at the private club
or association each calendar year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.