| 1 | 1 | | By: Moody H.B. No. 3545 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to civil liability arising from a firearm hold agreement. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. The heading to Subchapter B, Chapter 128, Civil |
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| 9 | 9 | | Practice and Remedies Code, is amended to read as follows: |
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| 10 | 10 | | SUBCHAPTER B. CIVIL ACTIONS AGAINST SPORT SHOOTING RANGES |
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| 11 | 11 | | SECTION 2. Chapter 128, Civil Practice and Remedies Code, |
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| 12 | 12 | | is amended by adding Subchapter C to read as follows: |
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| 13 | 13 | | SUBCHAPTER C. LIABILITY ARISING FROM FIREARM HOLD AGREEMENTS |
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| 14 | 14 | | Sec. 128.101. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Federal firearms licensee" means any person |
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| 16 | 16 | | licensed under 18 U.S.C. Chapter 44. |
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| 17 | 17 | | (2) "Firearm" means any device designed, made, or |
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| 18 | 18 | | adapted to expel a projectile through a barrel by using the energy |
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| 19 | 19 | | generated by an explosion or burning substance or any device |
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| 20 | 20 | | readily convertible to that use. |
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| 21 | 21 | | (3) "Firearm hold agreement" means a private |
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| 22 | 22 | | transaction between a federal firearms licensee and an individual |
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| 23 | 23 | | firearm owner in which the licensee takes physical possession of |
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| 24 | 24 | | the owner's lawfully possessed firearm at the owner's request, |
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| 25 | 25 | | holds the firearm for an agreed period of time, and returns the |
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| 26 | 26 | | firearm to the owner according to the terms of the agreement. |
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| 27 | 27 | | Sec. 128.102. IMMUNITY FROM LIABILITY. (a) A person does |
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| 28 | 28 | | not have a cause of action against a federal firearms licensee |
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| 29 | 29 | | operating lawfully in this state for any act or omission arising |
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| 30 | 30 | | from a firearm hold agreement that results in personal injury or |
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| 31 | 31 | | death, including the return of a firearm to the owner by the |
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| 32 | 32 | | licensee at the termination of the agreement. |
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| 33 | 33 | | (b) The immunity from civil liability provided by |
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| 34 | 34 | | Subsection (a) does not apply to a cause of action arising from the |
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| 35 | 35 | | unlawful conduct or gross negligence of the licensee. |
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| 36 | 36 | | SECTION 3. Subchapter C, Chapter 128, Civil Practice and |
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| 37 | 37 | | Remedies Code, as added by this Act, does not apply to a cause of |
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| 38 | 38 | | action that accrued before the effective date of this Act. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2023. |
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