Texas 2011 - 82nd Regular

Texas House Bill HB1595 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R14840 CAE-F
2	2	By: Isaac H.B. No. 1595
3	3	Substitute the following for H.B. No. 1595:
4	4	By: Larson C.S.H.B. No. 1595
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the liability of a sport shooting range and the
10	10	regulation of firearms, ammunition, firearm supplies, and sport
11	11	shooting ranges.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Chapter 128, Civil Practice and
14	14	Remedies Code, is amended to read as follows:
15	15	CHAPTER 128. LIMITATION ON SUITS AGAINST SPORT SHOOTING RANGE
16	16	OR FIREARMS OR AMMUNITION MANUFACTURER, TRADE
17	17	ASSOCIATION, OR SELLER
18	18	SECTION 2. Chapter 128, Civil Practice and Remedies Code,
19	19	is amended by designating Section 128.001 as Subchapter A, Chapter
20	20	128, Civil Practice and Remedies Code, and adding a heading to
21	21	Subchapter A to read as follows:
22	22	SUBCHAPTER A. SUIT BY GOVERNMENTAL UNIT
23	23	SECTION 3. Section 128.001, Civil Practice and Remedies
24	24	Code, is amended by amending Subsections (a) and (b) and adding
25	25	Subsection (f) to read as follows:
26	26	(a) In this section:
27	27	(1) "Governmental [, "governmental] unit" means:
28	28	(A) [(1)] a political subdivision of the state,
29	29	including a municipality or county; and
30	30	(B) [(2)] any other agency of government whose
31	31	authority is derived from the laws or constitution of this state.
32	32	(2) "Sport shooting range" has the meaning assigned by
33	33	Section 250.001, Local Government Code.
34	34	(b) Except as provided by Subsections [Subsection] (c) and
35	35	(f), a governmental unit may not bring suit against:
36	36	(1) a firearms or ammunition manufacturer, trade
37	37	association, or seller for recovery of damages resulting from, or
38	38	injunctive relief or abatement of a nuisance relating to, the
39	39	lawful design, manufacture, marketing, or sale of firearms or
40	40	ammunition to the public; or
41	41	(2) a sport shooting range, the owners or operators of
42	42	a sport shooting range, or the owners of real property on which a
43	43	sport shooting range is operated, for the lawful discharge of
44	44	firearms on the sport shooting range.
45	45	(f) Nothing in this section shall prohibit a governmental
46	46	unit from bringing an action against a sport shooting range, the
47	47	owners or operators of a sport shooting range, or the owners of real
48	48	property on which a sport shooting range is operating if the sport
49	49	shooting range began operation after September 1, 2011, and
50	50	operates exclusively within the governmental unit's geographical
51	51	limits, exclusive of the governmental unit's extraterritorial
52	52	jurisdiction:
53	53	(1) for injunctive relief to enforce a valid
54	54	ordinance, statute, or regulation; or
55	55	(2) to require the sport shooting range to comply with
56	56	generally accepted standards followed in the sport shooting range
57	57	industry in this state at the time of the sport shooting range's
58	58	construction.
59	59	SECTION 4. Chapter 128, Civil Practice and Remedies Code,
60	60	is amended by adding Subchapter B to read as follows:
61	61	SUBCHAPTER B. CIVIL ACTIONS
62	62	Sec. 128.051. DEFINITIONS. In this subchapter:
63	63	(1) "Claim" means any relief sought in a civil action,
64	64	including all forms of monetary recovery or injunctive relief.
65	65	(2) "Claimant" has the meaning assigned by Section
66	66	41.001.
67	67	(3) "Expert" means a person who is:
68	68	(A) giving opinion testimony about the
69	69	appropriate standard of care for a sport shooting range, an owner or
70	70	operator of a sport shooting range, or the owner of real property on
71	71	which a sport shooting range is operated, or the causal
72	72	relationship between the injury, harm, or damages claimed and the
73	73	alleged departure from the applicable standard of care; and
74	74	(B) qualified to render opinions on the standards
75	75	and causal relationship described by Paragraph (A) under the Texas
76	76	Rules of Evidence.
77	77	(4) "Expert report" means a written report by an
78	78	expert that provides a fair summary of the expert's opinions as of
79	79	the date of the report regarding applicable standards of care for
80	80	operation of a sport shooting range, the manner in which a defendant
81	81	failed to meet the standards, and the causal relationship between
82	82	that failure and the injury, harm, or damages claimed.
83	83	(5) "Sport shooting range" has the meaning assigned by
84	84	Section 250.001, Local Government Code.
85	85	Sec. 128.052. LIMITATION ON CIVIL ACTION AND RECOVERY OF
86	86	DAMAGES. (a) Except as provided by Subsection (b), a civil action
87	87	may not be brought against a sport shooting range, the owner or
88	88	operator of a sport shooting range, or the owner of the real
89	89	property on which a sport shooting range is operated for recovery of
90	90	damages resulting from, or injunctive relief or abatement of a
91	91	nuisance relating to, the lawful discharge of firearms.
92	92	(b) Nothing in this section prohibits a civil action against
93	93	a sport shooting range, the owner or operator of a sport shooting
94	94	range, or the owner of the real property on which a sport shooting
95	95	range is operated for recovery of damages for:
96	96	(1) breach of contract for use of the real property on
97	97	which a sport shooting range is located;
98	98	(2) damage or harm to private property caused by the
99	99	unlawful discharge of firearms on a sport shooting range;
100	100	(3) personal injury or death caused by the unlawful
101	101	discharge of a firearm on a sport shooting range; or
102	102	(4) injunctive relief to enforce a valid ordinance,
103	103	statute, or regulation.
104	104	(c) Damages may be awarded, or an injunction may be
105	105	obtained, in a civil action brought under this section if the
106	106	claimant shows by a preponderance of the evidence, through the
107	107	testimony of one or more expert witnesses, that the sport shooting
108	108	range, the owner or operator of the sport shooting range, or the
109	109	owner of real property on which the sport shooting range is
110	110	operated, with wilful and wanton negligence, deviated from the
111	111	standard of care that is reasonably expected of an ordinarily
112	112	prudent sport shooting range, owner or operator of a sport shooting
113	113	range, or owner of real property on which a sport shooting range is
114	114	operated in the same or similar circumstances.
115	115	Sec. 128.053. EXPERT REPORT. (a) In a suit against a sport
116	116	shooting range, an owner or operator of a sport shooting range, or
117	117	the owner of real property on which a sport shooting range is
118	118	operated, a claimant shall, not later than the 90th day after the
119	119	date the original petition was filed, serve on each party or the
120	120	party's attorney one or more expert reports, with a curriculum
121	121	vitae of each expert listed in the report for each defendant against
122	122	whom a claim is asserted. The date for serving the report may be
123	123	extended by written agreement of the affected parties. Each
124	124	defendant whose conduct is implicated in a report must file and
125	125	serve any objection to the sufficiency of the report not later than
126	126	the 21st day after the date the report is served or all objections
127	127	are waived.
128	128	(b) If, as to a defendant, an expert report has not been
129	129	served within the period specified by Subsection (a), the court, on
130	130	the motion of the affected defendant, shall, subject to Subsection
131	131	(c), enter an order that:
132	132	(1) awards to the affected defendant attorney's fees
133	133	and costs of court incurred by the defendant; and
134	134	(2) dismisses the claim with prejudice with respect to
135	135	the affected defendant.
136	136	(c) If an expert report has not been served within the
137	137	period specified by Subsection (a) because elements of the report
138	138	are found deficient, the court may grant one extension of not more
139	139	than 30 days to the claimant in order to cure the deficiency. If the
140	140	claimant does not receive notice of the court's ruling granting the
141	141	extension until after the 90th day after the date the deadline has
142	142	passed, then the 30-day extension runs from the date the plaintiff
143	143	first receives the notice.
144	144	(d) Notwithstanding any other provision of this section, a
145	145	claimant may satisfy any requirement of this section for serving an
146	146	expert report by serving reports of separate experts regarding
147	147	different defendants or regarding different issues arising from the
148	148	conduct of a defendant, including issues of liability and
149	149	causation. Nothing in this section shall be construed to mean that a
150	150	single expert must address all liability and causation issues with
151	151	respect to all defendants or with respect to both liability and
152	152	causation issues for a defendant.
153	153	(e) A court shall grant a motion challenging the adequacy of
154	154	an expert report only if it appears to the court, after a hearing,
155	155	that the report does not represent an objective, good faith effort
156	156	to comply with the requirements of an expert report.
157	157	(f) Until a claimant has served the expert report and
158	158	curriculum vitae as required by Subsection (a), all discovery is
159	159	stayed except that after a claim is filed all claimants,
160	160	collectively, may take not more than two depositions before the
161	161	expert report is served as required by Subsection (a).
162	162	SECTION 5. Section 229.001, Local Government Code, is
163	163	amended by amending Subsections (a) and (b) and adding Subsection
164	164	(e) to read as follows:
165	165	(a) Notwithstanding any other law, including Section 43.002
166	166	of this code and Chapter 251, Agriculture Code, a [A] municipality
167	167	may not adopt regulations relating to:
168	168	(1) the transfer, private ownership, keeping,
169	169	transportation, licensing, or registration of firearms,
170	170	ammunition, or firearm supplies; or
171	171	(2) the discharge of a firearm at a sport shooting
172	172	range.
173	173	(b) Subsection (a) does not affect the authority a
174	174	municipality has under another law to:
175	175	(1) require residents or public employees to be armed
176	176	for personal or national defense, law enforcement, or another
177	177	lawful purpose;
178	178	(2) regulate the discharge of firearms within the
179	179	limits of the municipality, other than at a sport shooting range;
180	180	(3) regulate the use of property, the location of a
181	181	business, or uses at a business under the municipality's fire code,
182	182	zoning ordinance, or land-use regulations as long as the code,
183	183	ordinance, or regulations are not used to circumvent the intent of
184	184	Subsection (a) or Subdivision (5) of this subsection;
185	185	(4) regulate the use of firearms in the case of an
186	186	insurrection, riot, or natural disaster if the municipality finds
187	187	the regulations necessary to protect public health and safety;
188	188	(5) regulate the storage or transportation of
189	189	explosives to protect public health and safety, except that 25
190	190	pounds or less of black powder for each private residence and 50
191	191	pounds or less of black powder for each retail dealer are not
192	192	subject to regulation; or
193	193	(6) regulate the carrying of a firearm by a person
194	194	other than a person licensed to carry a concealed handgun under
195	195	Subchapter H, Chapter 411, Government Code, at a:
196	196	(A) public park;
197	197	(B) public meeting of a municipality, county, or
198	198	other governmental body;
199	199	(C) political rally, parade, or official
200	200	political meeting; or
201	201	(D) nonfirearms-related school, college, or
202	202	professional athletic event.
203	203	(e) In this section "sport shooting range" has the meaning
204	204	assigned by Section 250.001.
205	205	SECTION 6. Subtitle B, Title 7, Local Government Code, is
206	206	amended by adding Chapter 236 to read as follows:
207	207	CHAPTER 236. COUNTY REGULATION OF FIREARMS, AMMUNITION, FIREARM
208	208	SUPPLIES, AND SPORT SHOOTING RANGES
209	209	Sec. 236.001. DEFINITION. In this chapter, "sport shooting
210	210	range" has the meaning assigned by Section 250.001.
211	211	Sec. 236.002. FIREARMS; SPORT SHOOTING RANGE.
212	212	Notwithstanding any other law, including Section 43.002 of this
213	213	code and Chapter 251, Agriculture Code, a county may not adopt
214	214	regulations relating to:
215	215	(1) the transfer, private ownership, keeping,
216	216	transportation, licensing, or registration of firearms,
217	217	ammunition, or firearm supplies; or
218	218	(2) the discharge of a firearm at a sport shooting
219	219	range.
220	220	SECTION 7. Section 250.001(a), Local Government Code, is
221	221	amended to read as follows:
222	222	(a) In this section:
223	223	(1) "Association" or "private club" means an
224	224	association or private club that operates a sport shooting range at
225	225	which not fewer than 20 different individuals discharge firearms
226	226	each calendar year.
227	227	(2) "Sport [, "sport] shooting range" means a business
228	228	establishment, private club, or association that operates an area
229	229	for the discharge or other use of firearms for silhouette, skeet,
230	230	trap, black powder, target, self-defense, or similar recreational
231	231	shooting.
232	232	SECTION 8. The change in law made by this Act applies only
233	233	to a cause of action that accrues on or after the effective date of
234	234	this Act. A cause of action that accrues before the effective date
235	235	of this Act is governed by the law in effect immediately before the
236	236	effective date of this Act, and that law is continued in effect for
237	237	that purpose.
238	238	SECTION 9. This Act takes effect on September 1, 2011.