HB 367 — The liability of sport shooting range sponsors

90R2822 AMF-F By: Isaac H.B. No. 367 relating to the liability of sport shooting range sponsors and sport shooting range professionals for injuries arising from certain activities.

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.