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.