By: Estes S.B. No. 1447               A BILL TO BE ENTITLED   AN ACT   relating to the liability of a sport shooting range.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter B, Chapter 128, Civil   Practice and Remedies Code, is amended to read as follows:   SUBCHAPTER B. CIVIL ACTIONS BY PRIVATE PERSONS          SECTION 2.  Sections 128.051(3) and (4), Civil Practice and   Remedies Code, are amended to read as follows:                (3)  "Expert" means a person who is:                      (A)  giving opinion testimony about the   appropriate standard of care for a sport shooting range, an owner or   operator of a sport shooting range, or the owner of real property on   which a sport shooting range is operated, or the causal   relationship between the injury, harm, or damages claimed and the   alleged departure from the applicable standard of care; and                      (B)  qualified pursuant to Sections 128.054 or   128.055 to render opinions on the standards or [and] causal   relationship described by Paragraph (A) under the Texas Rules of   Evidence.                (4)  "Expert report" means a written report by an   expert meeting the requirements of Section 128.054 that provides a   fair summary of the expert's opinions as of the date of the report   regarding applicable standards of care for operation of a sport   shooting range[,] and the manner in which a defendant failed to meet   the standards, or by an expert meeting the requirements of Section   128.055 that provides a fair summary of the expert's opinions as of   the date of the report regarding [and] the causal relationship   between that failure and the injury, harm, or damages claimed.          SECTION 3.  Sections 128.052(b) and (c), Civil Practice and   Remedies Code, are amended to read as follows:          (b)  Nothing in this section prohibits a civil action against   a sport shooting range, the owner or operator of a sport shooting   range, or the owner of the real property on which a sport shooting   range is operated for recovery of damages for:                (1)  breach of contract for use of the real property on   which a sport shooting range is located;                (2)  damage or harm to private property caused by the   discharge of firearms on a sport shooting range; or                (3)  personal injury or death caused by the discharge   of a firearm on a sport shooting range[; or                [(4) injunctive relief to enforce a valid ordinance,   statute, or regulation].          (c)  Damages may be awarded[, or an injunction may be   obtained,] in a civil action brought under [this section]   Subsection (b) only if the claimant shows by a preponderance of the   evidence, through the testimony of one or more experts meeting the   requirements of Section 128.054 [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 and by the testimony of one or more expert witnesses   meeting the requirements of Section 128.055 that the alleged   deviation from the appropriate standard of care was the cause of the   damages asserted. This subsection does not create a cause of   action.          SECTION 4.  Sections 128.053(a), (d), and (e), Civil   Practice and Remedies Code, are amended to read as follows:          (a)  In a suit against a sport shooting range, an owner or   operator of a sport shooting range, or the owner of real property on   which a sport shooting range is operated, a claimant shall, not   later than the 90th day after the date the original petition was   filed, serve on each party or the party's attorney one or more   expert reports authored by one or more experts meeting the   requirements of Sections 128.054 and 128.055, with a curriculum   vitae of each expert listed in the report for each defendant against   whom a claim is asserted. The date for serving the report may be   extended by written agreement of the affected parties. Each   defendant whose conduct is implicated in a report must file and   serve any objection to the sufficiency of the report not later than   the 21st day after the date the report and curriculum vitae are [is]   served or all objections are waived.          (d)  Notwithstanding any other provision of this section, a   claimant may satisfy any requirement of this section for serving an   expert report by serving reports of separate experts meeting the   requirements of Sections 128.054 or 128.055 regarding different   defendants or regarding different issues arising from the conduct   of a defendant, including issues of liability and causation.   Nothing in this section shall be construed to mean that a single   expert must address all liability and causation issues with respect   to all defendants or with respect to both liability and causation   issues for a defendant.          (e)  A court shall grant a motion challenging the adequacy of   an expert report only if it appears to the court, after a hearing,   that the report does not represent an objective, good faith effort   to comply with the requirements of an expert report. A court shall   find that an expert report served in compliance with Subsection (a)   does not represent an objective, good faith effort to comply with   the requirements of an expert report if:                (1)  the expert's curriculum vitae indicates the expert   does not meet the requirements of Section 128.054 to offer opinions   on the appropriate standard of care for a sport shooting range or   that the expert does not meet the requirements of Section 128.055 to   offer opinions concerning a causal link between the alleged   deviation from the appropriate standard of care and the damages   claimed; or                (2)  the expert report fails to address either the   standard of care for a sport shooting range, the alleged breach of   the standard of care, or a causal link between the alleged breach   and the claimant's damages.          SECTION 5.  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.  QUALIFICATIONS OF EXPERT WITNESS ON THE   STANDARD OF CARE. (a) In a suit involving a claim subject to the   requirements of Section 128.053, a person may qualify as an expert   witness on the issue of whether the sport shooting range, the owner   or operator of a sport shooting range, or the owner of real property   on which a sport shooting range is operated departed from the   accepted standard of care only if the person:                (1)  is operating a sport shooting range as defined by   Section 250.001, Local Government Code, at the time such testimony   is given, or was operating a sport shooting range as defined by   Section 250.001, Local Government Code, at the time the claim   arose;                (2)  has knowledge of the accepted standards of care   for a sport shooting range of the type involved in the claim; and                (3)  is qualified on the basis of training or   experience to offer an expert opinion regarding those accepted   standards of care.          (b)  As used in this section, "operating a sport shooting   range" includes responsibility for, or actual participation,   either directly or in a supervisory capacity, in the maintenance   and repair of the facility, the supervision of persons shooting on   the range, the identification and correction of any safety hazards,   and the establishment of rules of conduct and safety procedures for   persons using the facility.          (c)  In determining whether a person has sufficient training   or experience to qualify as an expert under this section, the court   shall consider whether, at the time the claim arose or at the time   the testimony is given, the witness meets the qualification   requirements of Subsections (a) and (b) by demonstrating experience   with a sport shooting range that is substantially similar to the   range against which the claim is asserted with regard to the range's   size, the range's location, the population density surrounding the   range, and the types of firearms used on the range.           (d)  This section does not prevent an operator of a sport   shooting range who is a defendant from qualifying as an expert.          Sec. 128.055.  QUALIFICATIONS OF EXPERT WITNESS ON   CAUSATION. (a) In a suit involving a claim subject to the   requirements of Section 128.053, a person may qualify as an expert   witness on the issue of the causal relationship between the alleged   departure from the standard of care and the injury, harm, or damages   claimed only if the person:                (1)  is qualified to render opinions on that causal   relationship under the Texas Rules of Evidence; and                (2)  if the claim is based in whole or in part on an   allegation that injury, harm, or damages were caused by one or more   bullets or other projectiles, demonstrates that the person   possesses education, training, and experience in the science of   ballistics dealing with the flight, behavior, and effects of   bullets and other projectiles launched from a firearm.          (b)  In a jury trial, the court shall determine an expert's   competence to testify about ballistics under Subsection (a)(2)   outside the presence of the jury.          SECTION 6.  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 in effect immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 7.  This Act takes effect on September 1, 2017.