By: Hughes, et al. S.B. No. 1736
(Springer)
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. ACTIONS INVOLVING THE CARRYING OF HANDGUNS ON
PROPERTY
Sec. 95A.001. EVIDENCE OF FAILURE TO FORBID HANDGUNS. The
fact that a card, sign, or other document described by Section
30.06(c)(3) or 30.07(c)(3), Penal Code, is not posted on the
property of a business or any other evidence that a person failed to
exercise the person's option to forbid the carrying of a handgun by
a license holder on the property:
(1) is not admissible as evidence in a trial on the
merits in an action:
(A) against a person, including a business or
other entity, who owns, controls, or manages the property; and
(B) in which the cause of action arises from an
injury sustained on the property; and
(2) does not support a cause of action described by
Subdivision (1) against a person described by Subdivision (1).
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.