| 1 | 1 | | 88R2005 AJA-D |
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| 2 | 2 | | By: Bell of Montgomery H.B. No. 356 |
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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 businesses in connection |
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| 8 | 8 | | with allowing concealed handguns on the business premises. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 95A, Civil Practice and Remedies Code, |
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| 11 | 11 | | is amended by adding Section 95A.0002 to read as follows: |
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| 12 | 12 | | Sec. 95A.0002. LIABILITY OF BUSINESS IN CONNECTION WITH |
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| 13 | 13 | | ALLOWING CONCEALED HANDGUNS. (a) In this section, "license |
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| 14 | 14 | | holder" means a person licensed to carry a handgun under Subchapter |
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| 15 | 15 | | H, Chapter 411, Government Code. |
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| 16 | 16 | | (b) A person with control over the premises of a business |
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| 17 | 17 | | who allows entry on the premises by a license holder with a |
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| 18 | 18 | | concealed handgun is not liable based solely on that permission for |
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| 19 | 19 | | damages arising from the lawful carrying of a concealed handgun on |
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| 20 | 20 | | the premises by the license holder. |
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| 21 | 21 | | (c) For purposes of this section, the lack of an oral or |
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| 22 | 22 | | written communication that constitutes notice for purposes of |
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| 23 | 23 | | Section 30.06, Penal Code, is sufficient to constitute allowing |
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| 24 | 24 | | entry on the premises by a license holder with a concealed handgun. |
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| 25 | 25 | | SECTION 2. Section 95A.0002, Civil Practice and Remedies |
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| 26 | 26 | | Code, as added by this Act, does not apply to a cause of action that |
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| 27 | 27 | | accrued before the effective date of this Act. A cause of action |
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| 28 | 28 | | that accrued before the effective date of this Act is governed by |
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| 29 | 29 | | the law applicable to the cause of action immediately before that |
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| 30 | 30 | | date, and that law is continued in effect for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2023. |
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