85R698 LED-D
 
  By: Bell H.B. No. 447
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the civil liability of certain businesses in connection
  with allowing or forbidding handguns on the business premises.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Civil Practice and Remedies Code, is
  amended by adding Chapter 95A to read as follows:
  CHAPTER 95A. LIABILITY OF BUSINESS IN CONNECTION WITH
  ALLOWING OR FORBIDDING HANDGUNS
         Sec. 95A.001.  DEFINITION. In this chapter, "license
  holder" means a person licensed to carry a handgun under Subchapter
  H, Chapter 411, Government Code.
         Sec. 95A.002.  LIABILITY OF BUSINESS THAT FORBIDS HANDGUNS.
  (a) This section does not apply to an entity required to display a
  sign under Section 411.204, Government Code.
         (b)  A person with control over the premises of a business
  who forbids entry on the premises by a license holder with a handgun
  is liable for damages that could have been prevented by the
  otherwise lawful use of a handgun by a license holder who would
  otherwise have carried a handgun onto the premises.
         Sec. 95A.003.  IMMUNITY OF BUSINESS THAT ALLOWS HANDGUNS. A
  person with control over the premises of a business who allows entry
  on the premises by a license holder with a handgun is not liable
  based solely on that permission for damages arising from the lawful
  carrying of a handgun on the premises.
         Sec. 95A.004.  ORAL OR WRITTEN COMMUNICATION. For purposes
  of this chapter:
               (1)  an oral or written communication that constitutes
  notice for purposes of Section 30.06 or 30.07, Penal Code, is
  sufficient to constitute forbidding entry on the premises by a
  license holder with a concealed or openly carried handgun, as
  applicable; and
               (2)  the lack of an oral or written communication that
  constitutes notice for purposes of Section 30.06 or 30.07, Penal
  Code, is sufficient to constitute allowing entry on the premises by
  a license holder with a concealed or openly carried handgun, as
  applicable.
         SECTION 2.  (a) Section 95A.002, Civil Practice and
  Remedies Code, as added 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 applicable to the cause of action immediately
  before that date, and that law is continued in effect for that
  purpose.
         (b)  Section 95A.003, Civil Practice and Remedies Code, as
  added by this Act, does not apply to a cause of action that accrued
  before the effective date of this Act. A cause of action that
  accrued before the effective date of this Act is governed by the law
  applicable to the cause of action immediately before that date, and
  that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.