Texas 2017 - 85th Regular

Texas Senate Bill SB1736

Caption

Relating to the liability of a person who allows handguns to be carried on property owned, controlled, or managed by the person.

Impact

The enactment of SB1736 significantly alters the landscape of civil liability in Texas. By providing immunity to property owners concerning the status of handgun permissibility on their premises, the bill aims to reduce the potential for lawsuits stemming from firearm-related incidents. This shift can have far-reaching implications for business practices, as property owners may feel a greater sense of security in allowing the carrying of handguns without the fear of litigation. As a result, the legislation may encourage more property owners to adopt more permissive stances on concealed carry policies, potentially changing public attitudes regarding gun ownership in these spaces.

Summary

Senate Bill 1736 addresses the legal liability concerning property owners regarding the carrying of handguns on their premises. The core objective of the bill is to amend the Civil Practice and Remedies Code by introducing a new chapter that establishes the legal ramifications of failing to prohibit the carrying of handguns by license holders on privately owned properties. Specifically, the legislation clarifies that evidence of a property owner not exercising their option to bar handguns—such as the absence of proper signage—cannot be used as evidence in lawsuits regarding injuries occurring on the property, thereby offering legal protection to property owners against such claims.

Sentiment

Reactions to SB1736 have been deeply polarized among legislators and the public. Proponents of the bill, primarily from the Republican side, view it as a necessary measure for supporting Second Amendment rights and ensuring that property owners are not unfairly penalized for choices regarding handgun policies on their property. Conversely, critics argue that the bill undermines accountability and poses safety risks, as it effectively reduces responsibilities that property owners might have in ensuring the safety of their patrons. These divergent views underscore ongoing tensions in the debate about gun rights and public safety.

Contention

One key point of contention surrounding SB1736 is the balance between property rights and public safety. Opponents express concerns that by shielding property owners from liability, the bill may inadvertently promote environments where gunowners are not adequately regulated. This could lead to scenarios where accidents or violent incidents occur on property that might have otherwise opted to restrict firearms. The discussion reflects broader societal questions regarding the impact of reduced legal accountability for gun-related issues, especially in establishments frequented by the general public.

Companion Bills

TX HB497

Relating to the liability of a business that allows handguns to be carried on the business's premises.

Previously Filed As

TX HB356

Relating to the civil liability of certain businesses in connection with allowing concealed handguns on the business premises.

TX SB714

Relating to civil liability of a business in connection with prohibiting concealed handguns on the business premises.

TX HB2432

Relating to the liability of an owner, lessee, or occupant of real property in connection with the use of or entry onto the property.

TX HB2278

Relating to wrongful exclusion of handgun license holders from certain property owned by or leased to a governmental entity and to certain offenses relating to the carrying of handguns on that property.

TX SB2121

Relating to property owner liability for personal injury claims arising from insurance restoration projects in which a contractor or subcontractor does not maintain workers' compensation insurance coverage.

TX HB4239

Relating to property owner liability for personal injury claims arising from insurance restoration projects in which a contractor or subcontractor does not maintain workers' compensation insurance coverage.

TX SB354

Relating to the carrying of concealed handguns by handgun license holders on the campus of a school district or open-enrollment charter school.

TX HB3938

Relating to requiring certain persons prohibited by law from owning, possessing, or controlling a firearm to dispose of firearms owned, possessed, or controlled by the person.

TX HB4762

Relating to liability of hospital personnel for certain uses of force while on duty.

TX SB253

Relating to the notice given by a property owner prohibiting certain persons from carrying certain firearms on the property.

Similar Bills

No similar bills found.