| 1 | 1 | | 85R1217 LED-D |
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| 2 | 2 | | By: Keough H.B. No. 556 |
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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 persons in connection |
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| 8 | 8 | | with allowing or forbidding handguns on the premises of a business |
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| 9 | 9 | | or apartment complex. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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| 12 | 12 | | amended by adding Chapter 95A to read as follows: |
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| 13 | 13 | | CHAPTER 95A. LIABILITY OF CERTAIN PERSONS IN CONNECTION WITH |
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| 14 | 14 | | ALLOWING OR FORBIDDING HANDGUNS ON CERTAIN PREMISES |
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| 15 | 15 | | Sec. 95A.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Apartment complex" means two or more dwellings in |
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| 17 | 17 | | one or more buildings that are owned by the same owner, located on |
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| 18 | 18 | | the same lot or tract, and managed by the same owner, agent, or |
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| 19 | 19 | | management company. |
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| 20 | 20 | | (2) "License holder" means a person licensed to carry |
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| 21 | 21 | | a handgun under Subchapter H, Chapter 411, Government Code. |
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| 22 | 22 | | Sec. 95A.002. LIABILITY OF CERTAIN PERSONS THAT FORBID |
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| 23 | 23 | | HANDGUNS. (a) This section does not apply to an entity required to |
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| 24 | 24 | | display a sign under Section 411.204, Government Code. |
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| 25 | 25 | | (b) A person with control over the premises of a business or |
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| 26 | 26 | | an apartment complex who forbids entry on the premises by a license |
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| 27 | 27 | | holder with a concealed handgun is strictly liable to a license |
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| 28 | 28 | | holder who would otherwise have carried a concealed handgun onto |
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| 29 | 29 | | the premises for damages for personal injury or death resulting |
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| 30 | 30 | | from an occurrence on the premises: |
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| 31 | 31 | | (1) in which the license holder would have been |
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| 32 | 32 | | justified in using deadly force; and |
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| 33 | 33 | | (2) that could have been prevented by the otherwise |
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| 34 | 34 | | lawful use of a handgun by the license holder. |
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| 35 | 35 | | Sec. 95A.003. IMMUNITY OF CERTAIN PERSONS THAT ALLOW |
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| 36 | 36 | | HANDGUNS. A person with control over the premises of a business or |
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| 37 | 37 | | an apartment complex who allows entry on the premises by a license |
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| 38 | 38 | | holder with a handgun is not liable based solely on that permission |
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| 39 | 39 | | for damages arising from the lawful carrying of a handgun on the |
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| 40 | 40 | | premises. |
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| 41 | 41 | | Sec. 95A.004. ORAL OR WRITTEN COMMUNICATION. For purposes |
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| 42 | 42 | | of this chapter: |
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| 43 | 43 | | (1) an oral or written communication that constitutes |
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| 44 | 44 | | notice for purposes of Section 30.06, Penal Code, is sufficient to |
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| 45 | 45 | | constitute forbidding entry on the premises by a license holder |
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| 46 | 46 | | with a concealed handgun; and |
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| 47 | 47 | | (2) the lack of an oral or written communication that |
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| 48 | 48 | | constitutes notice for purposes of Section 30.06 or 30.07, Penal |
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| 49 | 49 | | Code, is sufficient to constitute allowing entry on the premises by |
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| 50 | 50 | | a license holder with a concealed or openly carried handgun, as |
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| 51 | 51 | | applicable. |
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| 52 | 52 | | SECTION 2. (a) Section 95A.002, Civil Practice and |
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| 53 | 53 | | Remedies Code, as added by this Act, applies only to a cause of |
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| 54 | 54 | | action that accrues on or after the effective date of this Act. A |
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| 55 | 55 | | cause of action that accrues before the effective date of this Act |
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| 56 | 56 | | is governed by the law applicable to the cause of action immediately |
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| 57 | 57 | | before that date, and that law is continued in effect for that |
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| 58 | 58 | | purpose. |
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| 59 | 59 | | (b) Section 95A.003, Civil Practice and Remedies Code, as |
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| 60 | 60 | | added by this Act, does not apply to a cause of action that accrued |
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| 61 | 61 | | before the effective date of this Act. A cause of action that |
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| 62 | 62 | | accrued before the effective date of this Act is governed by the law |
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| 63 | 63 | | applicable to the cause of action immediately before that date, and |
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| 64 | 64 | | that law is continued in effect for that purpose. |
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| 65 | 65 | | SECTION 3. This Act takes effect September 1, 2017. |
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