Bill Text: TX HB367 | 2027-2028 | 90th Legislature Regular Session | Introduced

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Bill Title: Relating to the liability of sport shooting range sponsors and sport shooting range professionals for injuries arising from certain activities.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced) 2026-11-09 - Filed [HB367 Detail]

Download: Texas-2027-HB367-Introduced.html

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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.