BILL ANALYSIS

H.B. 1548

By: Bell, Cecil

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised that state law does not currently address businesses' liability for allowing licensed handgun holders to lawfully carry a concealed handgun on the premises and damages that may arise from such lawful carrying. H.B. 1548 seeks to clarify the civil liability of a business owner for allowing concealed handguns on the owner's premises and how the absence of certain notices affects the owner's grant of permission to enter.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1548 amends the Civil Practice and Remedies Code to exempt a person with control over the premises of a business who allows entry on the premises by a handgun license holder with a concealed handgun from liability based solely on that permission for damages arising from the lawful carrying of a concealed handgun on the premises. For purposes of this exemption, the lack of an oral or written communication that constitutes notice that entry on the property by a license holder with a concealed handgun is forbidden is sufficient to constitute allowing entry on the premises by a license holder with a concealed handgun. 

EFFECTIVE DATE

September 1, 2021.