| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to civil liability arising from a firearm hold agreement. |
|
|
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 AGAINST SPORT SHOOTING RANGES |
|
|
SECTION 2. Chapter 128, Civil Practice and Remedies Code, |
|
|
is amended by adding Subchapter C to read as follows: |
|
|
SUBCHAPTER C. LIABILITY ARISING FROM FIREARM HOLD AGREEMENTS |
|
|
Sec. 128.101. DEFINITIONS. In this subchapter: |
|
|
(1) "Federal firearms licensee" means any person |
|
|
licensed under 18 U.S.C. Chapter 44. |
|
|
(2) "Firearm" means any device designed, made, or |
|
|
adapted to expel a projectile through a barrel by using the energy |
|
|
generated by an explosion or burning substance or any device |
|
|
readily convertible to that use. |
|
|
(3) "Firearm hold agreement" means a private |
|
|
transaction between a federal firearms licensee and an individual |
|
|
firearm owner in which the licensee takes physical possession of |
|
|
the owner's lawfully possessed firearm at the owner's request, |
|
|
holds the firearm for an agreed period of time, and returns the |
|
|
firearm to the owner according to the terms of the agreement. |
|
|
Sec. 128.102. IMMUNITY FROM LIABILITY. (a) A person does |
|
|
not have a cause of action against a federal firearms licensee |
|
|
operating lawfully in this state for any act or omission arising |
|
|
from a firearm hold agreement that results in personal injury or |
|
|
death, including the return of a firearm to the owner by the |
|
|
licensee at the termination of the agreement. |
|
|
(b) The immunity from civil liability provided by |
|
|
Subsection (a) does not apply to a cause of action arising from the |
|
|
unlawful conduct or gross negligence of the licensee. |
|
|
SECTION 3. Subchapter C, Chapter 128, 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. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |