Texas 2023 - 88th Regular

Texas House Bill HB3545

Filed
3/6/23  
Out of House Committee
4/27/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to civil liability arising from a firearm hold agreement.

Impact

If enacted, HB 3545 will amend existing Statutes in Chapter 128 of the Civil Practice and Remedies Code, specifically creating a subchapter addressing liability related to firearm hold agreements. The intent is to reduce legal risks for gun dealers, potentially encouraging more individuals to utilize such services. With the growing emphasis on gun rights within Texas, this bill reinforces a legal stance that seeks to empower gun owners and businesses in the firearm industry, promoting a culture of responsible firearm ownership and transactions.

Summary

House Bill 3545 aims to provide civil liability protections to federal firearms licensees in Texas concerning firearm hold agreements. These agreements allow a licensed dealer to take temporary possession of a firearm at the owner's request and retain it for a stipulated period. The bill seeks to promote a clear legal framework whereby such licensees cannot be held liable for any injuries or deaths resulting from the holding and return of firearms, except in cases of unlawful conduct or gross negligence. This initiative is portrayed as a way to support gun dealers and facilitate a secure environment for firearm transactions.

Sentiment

The sentiment surrounding the bill has been largely positive among supporting lawmakers and stakeholders. Proponents, including the bill's author, Representative Moody, argue that the legislation removes barriers preventing Texas gun dealers from offering necessary services without the fear of legal repercussions. The bipartisan support indicated during committee discussions suggests a recognition of the importance of gun rights versus potential liabilities faced by businesses in the industry.

Contention

Despite the general support, some concerns remain regarding the implications of offering such broad immunity to federal firearms licensees. Detractors may argue that this bill could lead to accountability issues, allowing distributors to operate without adequate oversight. The distinction between lawful activities and gross negligence in firearm handling remains a critical point of contention, as this legislation could set precedence affecting future firearm-related liability laws.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 128. Limitation On Suits Against Sport Shooting Range Or Firearms Or Ammunition Manufacturer, Trade Association, Or Seller
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB964

Identical Relating to civil liability arising from a firearm hold agreement.

Similar Bills

No similar bills found.