By: Hughes S.B. No. 1736
(In the Senate - Filed March 9, 2017; March 23, 2017, read
first time and referred to Committee on State Affairs;
April 18, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 2; April 18, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1736 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the liability of a person who allows handguns to be
carried on property owned, controlled, or managed by the person.
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. LIMITED LIABILITY FOR CERTAIN PERSONS WHO ALLOW
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. LIMITED LIABILITY FOR CERTAIN PERSONS WHO
ALLOW HANDGUNS. A person, including a business or other entity, who
owns, controls, or manages property and who has authority to forbid
the carrying of handguns on the property is immune from civil
liability with respect to any claim that is based on the person's
failure to exercise the option to forbid the carrying of handguns by
a license holder on the property by providing notice under Sections
30.06 and 30.07, Penal Code.
SECTION 2. Chapter 95A, 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 the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.
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