89R1421 AMF-F
By: Johnson S.B. No. 1326
A BILL TO BE ENTITLED
AN ACT
relating to civil liability arising from a firearm hold agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter B, Chapter 128, Civil
Practice and Remedies Code, is amended to read as follows:
SUBCHAPTER B. CIVIL ACTIONS AGAINST SPORT SHOOTING RANGES
SECTION 2. Chapter 128, Civil Practice and Remedies Code,
is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. LIABILITY ARISING FROM FIREARM HOLD AGREEMENTS
Sec. 128.101. DEFINITIONS. In this subchapter:
(1) "Federal firearms licensee" means any person
licensed under 18 U.S.C. Chapter 44.
(2) "Firearm" means any device designed, made, or
adapted to expel a projectile through a barrel by using the energy
generated by an explosion or burning substance or any device
readily convertible to that use.
(3) "Firearm hold agreement" means a private
transaction between a federal firearms licensee and an individual
firearm owner in which the licensee takes physical possession of
the owner's lawfully possessed firearm at the owner's request,
holds the firearm for an agreed period of time, and returns the
firearm to the owner according to the terms of the agreement.
Sec. 128.102. IMMUNITY FROM LIABILITY. (a) A person does
not have a cause of action against a federal firearms licensee
operating lawfully in this state for any act or omission arising
from a firearm hold agreement that results in personal injury or
death, including the return of a firearm to the owner by the
licensee at the termination of the agreement.
(b) The immunity from civil liability provided by
Subsection (a) does not apply to a cause of action arising from the
unlawful conduct or gross negligence of the licensee.
SECTION 3. Subchapter C, Chapter 128, 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.
SECTION 4. This Act takes effect September 1, 2025.