Texas 2011 - 82nd Regular

Texas Senate Bill SB766

Filed
 
Introduced
2/17/11  
Out of Senate Committee
3/17/11  
Voted on by Senate
3/28/11  
Refer
2/23/11  
Out of House Committee
4/20/11  
Report Pass
3/17/11  
Voted on by House
5/25/11  
Engrossed
3/28/11  
Governor Action
6/17/11  
Refer
4/11/11  
Bill Becomes Law
 
Report Pass
4/18/11  
Enrolled
5/25/11  
Enrolled
5/25/11  
Passed
6/17/11  

Caption

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

Impact

The most significant effect of SB766 is the shielding of firearms manufacturers and shooting ranges from civil suits initiated by government entities, particularly concerning their lawful design, sale, and use of firearms. Governmental units looking to file lawsuits will face restrictions unless they can demonstrate non-compliance with local ordinances or standards of care established for shooting ranges. Additionally, this bill would prevent municipalities from enacting regulations that could restrict the ownership, transportation, and discharge of firearms and ammunition, thereby centralizing the regulatory authority at the state level.

Summary

SB766 addresses the legal framework surrounding the liability of sport shooting ranges and the regulation of firearms, ammunition, and related entities in Texas. The bill amends the Civil Practice and Remedies Code, particularly Chapter 128, to establish limitations on lawsuits instituted by governmental units against manufacturers and sellers of firearms and ammunition, as well as sport shooting ranges. The intent is to protect these entities from lawsuits related to lawful practices and operations within the state, thereby promoting a more favorable environment for the firearms industry.

Contention

The bill's provisions may lead to contentious debates regarding local versus state control over firearm regulations. Supporters argue it protects lawful businesses from unnecessary legal actions and promotes rights related to firearms in Texas. However, critics might express concerns over the potential increase in liability risks and the limitation of local governments' ability to tailor solutions specific to their community needs, particularly around public safety considerations.

Notable_points

Another point of contention is the specific allowances for governmental units to sue shooting ranges that commenced operations after a certain date, which could draw lines regarding accountability in public safety. The bill also includes measures regarding the expert testimony standard required in civil actions against shooting ranges, asserting that claimants must advance expert reports delineating the standards of care and deviations from these standards.

Companion Bills

TX HB1595

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

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