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§ 128.051.Definitions

Title 6. Miscellaneous Provisions · Chapter 128. Limitation on Suits Against Sport Shooting Range or Firearms or Ammunition Manufacturer, Trade Association, or Seller · Subchapter B. Civil Actions · Last amended 2011 · Last verified August 29, 2026

In one sentenceSection 128.051 defines claim, expert and expert report for the private shooting range subchapter, borrowing the claimant definition from the damages chapter.

Full Text of § 128.051

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In this subchapter:
(1)"Claim" means any relief sought in a civil action, including all forms of monetary recovery or injunctive relief.
(2)"Claimant" has the meaning assigned by Section 41.001.
(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 to render opinions on the standards and causal relationship described by Paragraph (A) under the Texas Rules of Evidence.
(4)"Expert report" means a written report by an expert 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, the manner in which a defendant failed to meet the standards, and the causal relationship between that failure and the injury, harm, or damages claimed.
(5)"Sport shooting range" has the meaning assigned by Section 250.001, Local Government Code.
End

Plain-English Summary

Five definitions, and three of them build an expert report regime modelled on medical liability.

"Claim" means any relief sought in a civil action, including all forms of monetary recovery or injunctive relief — drawn wide so the subchapter cannot be avoided by seeking an injunction instead of damages.

"Claimant" takes its meaning from the damages chapter, which reaches a plaintiff, counterclaimant, cross-claimant or third-party plaintiff, and covers a person on whose behalf damages are sought.

"Expert" is a person giving opinion testimony about the appropriate standard of care for a range, its owner or operator, or the landowner, or the causal relationship between the harm claimed and the alleged departure — and who is qualified to render those opinions under the Texas Rules of Evidence.

"Expert report" is a written report providing a fair summary of the expert’s opinions on the applicable standards of care, the manner in which the defendant failed to meet them, and the causal relationship to the harm claimed.

That three-part content requirement is lifted almost word for word from the medical liability chapter, and the resemblance is not accidental — the whole subchapter is the health care expert report mechanism applied to a different industry.

"Sport shooting range" takes its meaning from the Local Government Code, the same source the preceding subchapter uses.

Note the breadth of who is protected: the range, the owner or operator, and the owner of the real property, who may be a different person entirely.

Frequently Asked Questions

What is an expert report under this chapter?

A written report giving a fair summary of the expert’s opinions on the applicable standard of care, how the defendant failed to meet it, and the causal relationship to the harm claimed.

Who counts as an expert?

Someone giving opinion testimony on the standard of care or causation who is qualified to do so under the Texas Rules of Evidence.

Does the subchapter cover injunctions?

Yes. "Claim" includes all forms of monetary recovery or injunctive relief.

Amendment History

  • Added by Acts 2011, 82nd Leg., R.S., Ch. 624 (S.B. 766), Sec. 4, eff. September 1, 2011.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source