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.