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.