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

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-Engrossed.html

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By: Estes, et al. S.B. No. 766

A BILL TO BE ENTITLED
AN ACT
relating to the liability of a sport shooting range and the
regulation of firearms, ammunition, firearm supplies, and sport
shooting ranges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 128, Civil Practice and
Remedies Code, is amended to read as follows:
CHAPTER 128. LIMITATION ON SUITS AGAINST SPORT SHOOTING RANGE
OR FIREARMS OR AMMUNITION MANUFACTURER, TRADE
ASSOCIATION, OR SELLER
SECTION 2. Chapter 128, Civil Practice and Remedies Code,
is amended by designating Section 128.001 as Subchapter A, Chapter
128, Civil Practice and Remedies Code, and adding a heading to
Subchapter A to read as follows:
SUBCHAPTER A. SUIT BY GOVERNMENTAL UNIT
SECTION 3. Section 128.001, Civil Practice and Remedies
Code, is amended by amending Subsections (a) and (b) and adding
Subsection (f) to read as follows:
(a) In this section:
(1) "Governmental[, "governmental] unit" means:
(A) [(1)] a political subdivision of the state,
including a municipality or county; and
(B) [(2)] any other agency of government whose
authority is derived from the laws or constitution of this state.
(2) "Sport shooting range" has the meaning assigned by
Section 250.001, Local Government Code.
(b) Except as provided by Subsections [Subsection] (c) and
(f), a governmental unit may not bring suit against:
(1) 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
(2) a sport shooting range, 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.
(f) Nothing in this section shall prohibit a governmental
unit from bringing an action against a sport shooting range, the
owners or operators of a sport shooting range, or the owners of real
property on which a sport shooting range is operating if the sport
shooting range began operation after September 1, 2011, and
operates exclusively within the governmental unit's geographical
limits, exclusive of the governmental unit's extraterritorial
jurisdiction:
(1) for injunctive relief to enforce a valid
ordinance, statute, or regulation; or
(2) to require the sport shooting range to comply with
generally accepted standards followed in the sport shooting range
industry in this state at the time of the sport shooting range's
construction.
SECTION 4. Chapter 128, Civil Practice and Remedies Code,
is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. CIVIL ACTIONS
Sec. 128.051. DEFINITIONS. In this subchapter:
(1) "Claim" means any relief sought in a civil action,
including all forms of monetary recovery or injunctive relief.
(2) "Claimant" has the meaning assigned by Section
41.001.
(3) "Expert" means a person who is:
(A) giving opinion testimony about the
appropriate standard of care for a sport shooting range, an owner or
operator of a sport shooting range, or the owner of real property on
which a sport shooting range is operated, or the causal
relationship between the injury, harm, or damages claimed and the
alleged departure from the applicable standard of care; and
(B) qualified to render opinions on the standards
and causal relationship described by Paragraph (A) under the Texas
Rules of Evidence.
(4) "Expert report" means a written report by an
expert that provides a fair summary of the expert's opinions as of
the date of the report regarding applicable standards of care for
operation of a sport shooting range, the manner in which a defendant
failed to meet the standards, and the causal relationship between
that failure and the injury, harm, or damages claimed.
(5) "Sport shooting range" has the meaning assigned by
Section 250.001, Local Government Code.
Sec. 128.052. LIMITATION ON CIVIL ACTION AND RECOVERY OF
DAMAGES. (a) Except as provided by Subsection (b), a civil action
may not be brought against a sport shooting range, the owner or
operator of a sport shooting range, or the owner 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 discharge of firearms.
(b) Nothing in this section prohibits a civil action against
a sport shooting range, the owner or operator of a sport shooting
range, or the owner 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
discharge of firearms on a sport shooting range;
(3) personal injury or death caused by the discharge
of a firearm on a sport shooting range; or
(4) injunctive relief to enforce a valid ordinance,
statute, or regulation.
(c) Damages may be awarded, or an injunction may be
obtained, in a civil action brought under this section if the
claimant shows by a preponderance of the evidence, through the
testimony of one or more expert witnesses, that the sport shooting
range, the owner or operator of the sport shooting range, or the
owner of real property on which the sport shooting range is operated
deviated from the standard of care that is reasonably expected of an
ordinarily prudent sport shooting range, owner or operator of a
sport shooting range, or owner of real property on which a sport
shooting range is operated in the same or similar circumstances.
Sec. 128.053. EXPERT REPORT. (a) In a suit against a sport
shooting range, an owner or operator of a sport shooting range, or
the owner of real property on which a sport shooting range is
operated, a claimant shall, not later than the 90th day after the
date the original petition was filed, serve on each party or the
party's attorney one or more expert reports, with a curriculum
vitae of each expert listed in the report for each defendant against
whom a claim is asserted. The date for serving the report may be
extended by written agreement of the affected parties. Each
defendant whose conduct is implicated in a report must file and
serve any objection to the sufficiency of the report not later than
the 21st day after the date the report is served or all objections
are waived.
(b) If, as to a defendant, an expert report has not been
served within the period specified by Subsection (a), the court, on
the motion of the affected defendant, shall, subject to Subsection
(c), enter an order that:
(1) awards to the affected defendant attorney's fees
and costs of court incurred by the defendant; and
(2) dismisses the claim with prejudice with respect to
the affected defendant.
(c) If an expert report has not been served within the
period specified by Subsection (a) because elements of the report
are found deficient, the court may grant one extension of not more
than 30 days to the claimant in order to cure the deficiency. If the
claimant does not receive notice of the court's ruling granting the
extension until after the 90th day after the date the deadline has
passed, then the 30-day extension runs from the date the plaintiff
first receives the notice.
(d) Notwithstanding any other provision of this section, a
claimant may satisfy any requirement of this section for serving an
expert report by serving reports of separate experts regarding
different defendants or regarding different issues arising from the
conduct of a defendant, including issues of liability and
causation. Nothing in this section shall be construed to mean that
a single expert must address all liability and causation issues
with respect to all defendants or with respect to both liability and
causation issues for a defendant.
(e) A court shall grant a motion challenging the adequacy of
an expert report only if it appears to the court, after a hearing,
that the report does not represent an objective, good faith effort
to comply with the requirements of an expert report.
(f) Until a claimant has served the expert report and
curriculum vitae as required by Subsection (a), all discovery is
stayed except that after a claim is filed all claimants,
collectively, may take not more than two depositions before the
expert report is served as required by Subsection (a).
SECTION 5. Section 229.001, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(e) to read as follows:
(a) Notwithstanding any other law, including Section 43.002
of this code and Chapter 251, Agriculture Code, a [A] municipality
may not adopt regulations relating to:
(1) the transfer, private ownership, keeping,
transportation, licensing, or registration of firearms,
ammunition, or firearm supplies; or
(2) the discharge of a firearm at a sport shooting
range.
(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;
(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, 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; or
(7) regulate the hours of operation of a sport
shooting range, except that the hours of operation may not be more
limited than the least limited hours of operation of any other
business in the municipality other than a business permitted or
licensed to sell or serve alcoholic beverages for on-premises
consumption.
(e) In this section, "sport shooting range" has the meaning
assigned by Section 250.001.
SECTION 6. Subtitle B, Title 7, Local Government Code, is
amended by adding Chapter 236 to read as follows:
CHAPTER 236. COUNTY REGULATION OF FIREARMS, AMMUNITION, FIREARM
SUPPLIES, AND SPORT SHOOTING RANGES
Sec. 236.001. DEFINITION. In this chapter, "sport shooting
range" has the meaning assigned by Section 250.001.
Sec. 236.002. FIREARMS; SPORT SHOOTING RANGE.
Notwithstanding any other law, including Chapter 251, Agriculture
Code, a county may not adopt regulations relating to:
(1) the transfer, private ownership, keeping,
transportation, licensing, or registration of firearms,
ammunition, or firearm supplies; or
(2) the discharge of a firearm at a sport shooting
range.
Sec. 236.003. REGULATION OF OUTDOOR SPORT SHOOTING RANGE.
Notwithstanding Section 236.002, a county may regulate the
discharge of a firearm at an outdoor sport shooting range as
provided by Subchapter B, Chapter 235.
SECTION 7. Subsection (a), Section 250.001, Local
Government Code, is amended to read as follows:
(a) In this section:
(1) "Association" or "private club" means an
association or private club that operates a sport shooting range at
which not fewer than 20 different individuals discharge firearms
each calendar year.
(2) "Sport[, "sport] shooting range" means a business
establishment, private club, or association that operates an area
for the discharge or other use of firearms for silhouette, skeet,
trap, black powder, target, self-defense, or similar recreational
shooting.
SECTION 8. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 9. This Act takes effect on September 1, 2011.