| 3 | 5 | | |
|---|
| 4 | 6 | | |
|---|
| 5 | 7 | | A BILL TO BE ENTITLED |
|---|
| 6 | 8 | | AN ACT |
|---|
| 7 | 9 | | relating to civil liability arising from a firearm hold agreement. |
|---|
| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 11 | | SECTION 1. The heading to Subchapter B, Chapter 128, Civil |
|---|
| 10 | 12 | | Practice and Remedies Code, is amended to read as follows: |
|---|
| 11 | 13 | | SUBCHAPTER B. CIVIL ACTIONS AGAINST SPORT SHOOTING RANGES |
|---|
| 12 | 14 | | SECTION 2. Chapter 128, Civil Practice and Remedies Code, |
|---|
| 13 | 15 | | is amended by adding Subchapter C to read as follows: |
|---|
| 14 | 16 | | SUBCHAPTER C. LIABILITY ARISING FROM FIREARM HOLD AGREEMENTS |
|---|
| 15 | 17 | | Sec. 128.101. DEFINITIONS. In this subchapter: |
|---|
| 16 | 18 | | (1) "Federal firearms licensee" means any person |
|---|
| 17 | 19 | | licensed under 18 U.S.C. Chapter 44. |
|---|
| 18 | 20 | | (2) "Firearm" means any device designed, made, or |
|---|
| 19 | 21 | | adapted to expel a projectile through a barrel by using the energy |
|---|
| 20 | 22 | | generated by an explosion or burning substance or any device |
|---|
| 21 | 23 | | readily convertible to that use. |
|---|
| 22 | 24 | | (3) "Firearm hold agreement" means a private |
|---|
| 23 | 25 | | transaction between a federal firearms licensee and an individual |
|---|
| 24 | 26 | | firearm owner in which the licensee takes physical possession of |
|---|
| 25 | 27 | | the owner's lawfully possessed firearm at the owner's request, |
|---|
| 26 | 28 | | holds the firearm for an agreed period of time, and returns the |
|---|
| 27 | 29 | | firearm to the owner according to the terms of the agreement. |
|---|
| 28 | 30 | | Sec. 128.102. IMMUNITY FROM LIABILITY. (a) A person does |
|---|
| 29 | 31 | | not have a cause of action against a federal firearms licensee |
|---|
| 30 | 32 | | operating lawfully in this state for any act or omission arising |
|---|
| 31 | 33 | | from a firearm hold agreement that results in personal injury or |
|---|
| 32 | 34 | | death, including the return of a firearm to the owner by the |
|---|
| 33 | 35 | | licensee at the termination of the agreement. |
|---|
| 34 | 36 | | (b) The immunity from civil liability provided by |
|---|
| 35 | 37 | | Subsection (a) does not apply to a cause of action arising from the |
|---|
| 36 | 38 | | unlawful conduct or gross negligence of the licensee. |
|---|
| 37 | 39 | | SECTION 3. Subchapter C, Chapter 128, Civil Practice and |
|---|
| 38 | 40 | | Remedies Code, as added by this Act, does not apply to a cause of |
|---|
| 39 | 41 | | action that accrued before the effective date of this Act. |
|---|
| 40 | 42 | | SECTION 4. This Act takes effect September 1, 2025. |
|---|