| 1 | 1 | | 85R698 LED-D |
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| 2 | 2 | | By: Bell H.B. No. 447 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the civil liability of certain businesses in connection |
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| 8 | 8 | | with allowing or forbidding handguns on the business premises. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 11 | 11 | | amended by adding Chapter 95A to read as follows: |
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| 12 | 12 | | CHAPTER 95A. LIABILITY OF BUSINESS IN CONNECTION WITH |
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| 13 | 13 | | ALLOWING OR FORBIDDING HANDGUNS |
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| 14 | 14 | | Sec. 95A.001. DEFINITION. In this chapter, "license |
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| 15 | 15 | | holder" means a person licensed to carry a handgun under Subchapter |
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| 16 | 16 | | H, Chapter 411, Government Code. |
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| 17 | 17 | | Sec. 95A.002. LIABILITY OF BUSINESS THAT FORBIDS HANDGUNS. |
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| 18 | 18 | | (a) This section does not apply to an entity required to display a |
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| 19 | 19 | | sign under Section 411.204, Government Code. |
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| 20 | 20 | | (b) A person with control over the premises of a business |
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| 21 | 21 | | who forbids entry on the premises by a license holder with a handgun |
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| 22 | 22 | | is liable for damages that could have been prevented by the |
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| 23 | 23 | | otherwise lawful use of a handgun by a license holder who would |
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| 24 | 24 | | otherwise have carried a handgun onto the premises. |
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| 25 | 25 | | Sec. 95A.003. IMMUNITY OF BUSINESS THAT ALLOWS HANDGUNS. A |
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| 26 | 26 | | person with control over the premises of a business who allows entry |
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| 27 | 27 | | on the premises by a license holder with a handgun is not liable |
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| 28 | 28 | | based solely on that permission for damages arising from the lawful |
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| 29 | 29 | | carrying of a handgun on the premises. |
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| 30 | 30 | | Sec. 95A.004. ORAL OR WRITTEN COMMUNICATION. For purposes |
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| 31 | 31 | | of this chapter: |
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| 32 | 32 | | (1) an oral or written communication that constitutes |
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| 33 | 33 | | notice for purposes of Section 30.06 or 30.07, Penal Code, is |
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| 34 | 34 | | sufficient to constitute forbidding entry on the premises by a |
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| 35 | 35 | | license holder with a concealed or openly carried handgun, as |
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| 36 | 36 | | applicable; and |
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| 37 | 37 | | (2) the lack of an oral or written communication that |
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| 38 | 38 | | constitutes notice for purposes of Section 30.06 or 30.07, Penal |
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| 39 | 39 | | Code, is sufficient to constitute allowing entry on the premises by |
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| 40 | 40 | | a license holder with a concealed or openly carried handgun, as |
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| 41 | 41 | | applicable. |
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| 42 | 42 | | SECTION 2. (a) Section 95A.002, Civil Practice and |
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| 43 | 43 | | Remedies Code, as added by this Act, applies only to a cause of |
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| 44 | 44 | | action that accrues on or after the effective date of this Act. A |
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| 45 | 45 | | cause of action that accrues before the effective date of this Act |
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| 46 | 46 | | is governed by the law applicable to the cause of action immediately |
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| 47 | 47 | | before that date, and that law is continued in effect for that |
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| 48 | 48 | | purpose. |
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| 49 | 49 | | (b) Section 95A.003, Civil Practice and Remedies Code, as |
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| 50 | 50 | | added by this Act, does not apply to a cause of action that accrued |
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| 51 | 51 | | before the effective date of this Act. A cause of action that |
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| 52 | 52 | | accrued before the effective date of this Act is governed by the law |
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| 53 | 53 | | applicable to the cause of action immediately before that date, and |
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| 54 | 54 | | that law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2017. |
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