Isaac Bill Shields Shooting Ranges From Ricochet And Lead Lawsuits

The text as introduced · 973 words

90R2822 AMF-F

By: Isaac
H.B. No. 367

A BILL TO BE ENTITLED

AN ACT

relating to the liability of sport shooting range sponsors and

sport shooting range professionals for injuries arising from

certain activities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 128.051, Civil Practice and Remedies

Code, is amended by adding Subdivisions (6), (7), (8), (9), and (10)

to read as follows:

(6) "Sport shooting range activity" means any act or

omission by a sport shooting range participant at a sport shooting

range, including:

(A) the loading, unloading, shooting, or

cleaning of a firearm; or

(B) any other activity involving the handling of

a firearm.

(7) "Sport shooting range participant" means an

individual who engages in a sport shooting range activity, without

regard as to whether:

(A) the individual's profession involves the

handling of firearms; or

(B) the individual pays for the activity or

participates in the activity for free.

(8) "Sport shooting range participant injury" means an

injury sustained by a sport shooting range participant, including

bodily injury, death, property damage, or other loss, arising from

the individual's participation in a sport shooting range activity.

(9) "Sport shooting range professional" means an

individual engaged by a sport shooting range sponsor to instruct

sport shooting range participants at a sport shooting range and who

receives compensation for the instruction.

(10) "Sport shooting range sponsor" means:

(A) a person who sponsors, organizes, or provides

facilities for sport shooting range activities without regard as to

whether the person operates for profit;

(B) an owner, operator, or promoter of a sport

shooting range; or

(C) an owner of real property on which a sport

shooting range is operated.

SECTION 2. Section 128.052(c), Civil Practice and Remedies

Code, is amended to read as follows:

(c) Except as provided by and subject to Section 128.054,

damages [ 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.

SECTION 3. Subchapter B, Chapter 128, Civil Practice and

Remedies Code, is amended by adding Sections 128.054 and 128.055 to

read as follows:

Sec. 128.054. LIMITED LIABILITY. (a) Except as provided by

Subsection (b), a sport shooting range sponsor or a sport shooting

range professional is not liable to any person for a sport shooting

range participant injury or damages arising out of a sport shooting

range participant injury if:

(1) at the time of the injury, the warning prescribed

by Section 128.055 was posted in accordance with that section; and

(2) the injury was proximately caused by:

(A) dangers or conditions that are inherent risks

of sport shooting range activities, including the risk of:

(i) being struck by flying or falling

objects such as bullet ricochets or other objects set in motion by

the discharge of a firearm; or

(ii) inhaling or coming into contact with

lead or other harmful contaminants; or

(B) the negligent acts or omissions of the sport

shooting range participant or other sport shooting range

participants.

(b) This section does not limit liability for an injury or

death:

(1) proximately caused by:

(A) the sport shooting range sponsor's or the

sport shooting range professional's:

(i) recklessness with regard to faulty

equipment used at the sport shooting range and provided by the sport

shooting range sponsor or the sport shooting range professional; or

(ii) recklessness or intentional

misconduct with regard to the safety of the sport shooting range

participant, including failure to make a reasonably prudent effort

to determine the participant's ability to safely engage in a sport

shooting range activity; or

(B) a latent dangerous condition on the property

of the sport shooting range:

(i) of which the sponsor or professional

knew or should have known; and

(ii) for which a warning sign, written

notice, or verbal warning was not conspicuously posted or provided

to the sport shooting range participant; or

(2) intentionally caused by the sport shooting range

sponsor or sport shooting range professional.

Sec. 128.055. WARNING NOTICE. (a) For the purpose of

limitation of liability under Section 128.054(a):

(1) the owner of a sport shooting range shall post and

maintain a sign that contains the language in Subsection (b) in a

clearly visible location next to each designated shooting area; and

(2) a sport shooting range sponsor and a sport

shooting range professional must include the language in Subsection

(b) in a manner that is clearly readable in each written contract

entered into between a sport shooting range participant and the

sponsor or professional, as applicable.

(b) The sign and contracts described by Subsection (a) must

contain the following language:

WARNING

TEXAS LAW (CHAPTER 128, CIVIL PRACTICE AND REMEDIES CODE) LIMITS

THE LIABILITY OF A SPORT SHOOTING RANGE SPONSOR AND A SPORT SHOOTING

RANGE PROFESSIONAL FOR INJURIES OR DEATH OF A SHOOTING RANGE

ACTIVITY PARTICIPANT RESULTING FROM A SHOOTING RANGE ACTIVITY.

SECTION 4. 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 as it existed immediately before

the effective date of this Act, and that law is continued in effect

for that purpose.

SECTION 5. This Act takes effect September 1, 2027.