Texas 2025 - 89th Regular

Texas Senate Bill SB2156 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5054 JTZ-D
2	2	By: Eckhardt S.B. No. 2156
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to firearm liability insurance for certain firearm owners;
10	10	providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
13	13	amended by adding Chapter 762 to read as follows:
14	14	CHAPTER 762. FIREARM LIABILITY INSURANCE
15	15	Sec. 762.001. DEFINITIONS. In this chapter:
16	16	(1) "Firearm" has the meaning assigned by Section
17	17	46.01, Penal Code.
18	18	(2) "Peace officer" has the meaning assigned by
19	19	Article 2A.001, Code of Criminal Procedure.
20	20	Sec. 762.002. REQUIRED FIREARM LIABILITY INSURANCE. (a)
21	21	Except as otherwise provided by this section, a person who owns a
22	22	firearm shall obtain and continuously maintain liability insurance
23	23	in an amount of at least $100,000 to cover damages resulting from
24	24	negligent or wilful acts involving the use of the firearm,
25	25	including acts resulting in death, injury, or property damage.
26	26	(b) For purposes of this section, a person owns a lost or
27	27	stolen firearm until the person reports the loss or theft to a law
28	28	enforcement agency.
29	29	(c) A person is not required to maintain coverage under
30	30	Subsection (a) for death, injury, or property damage incurred in an
31	31	act of self-defense or defense of a third person under Subchapter C,
32	32	Chapter 9, Penal Code.
33	33	(d) This section does not apply to an individual:
34	34	(1) employed as a peace officer;
35	35	(2) employed as private security and licensed under
36	36	Chapter 1702, Occupations Code; or
37	37	(3) who is on active duty as a member of the United
38	38	States military forces or state military forces and is authorized
39	39	to possess a firearm.
40	40	Sec. 762.003. EVIDENCE OF LIABILITY INSURANCE COVERAGE.
41	41	(a) As a condition of owning a firearm in this state, a person on
42	42	request shall provide to a peace officer evidence of liability
43	43	insurance coverage by exhibiting:
44	44	(1) a liability insurance policy providing coverage
45	45	for use of the firearm that satisfies the requirements of Section
46	46	762.002 or a photocopy of the policy;
47	47	(2) an image displayed on a wireless communication
48	48	device that includes the liability insurance information required
49	49	by Section 762.002; or
50	50	(3) an insurance binder that confirms the individual
51	51	is in compliance with this chapter.
52	52	(b) A person who does not exhibit evidence of liability
53	53	insurance coverage under Subsection (a) is presumed to own the
54	54	firearm in violation of Section 762.002.
55	55	(c) The display of an image that includes liability
56	56	insurance information on a wireless communication device under
57	57	Subsection (a)(2) does not constitute effective consent for a law
58	58	enforcement officer, or any other person, to access the contents of
59	59	the device except to view the liability insurance information.
60	60	(d) The authorization for liability insurance information
61	61	to be displayed on a wireless communication device under Subsection
62	62	(a)(2) does not prohibit:
63	63	(1) a court of competent jurisdiction from requiring a
64	64	person to provide a paper copy of the person's evidence of liability
65	65	insurance coverage in a hearing, trial, or discovery proceeding; or
66	66	(2) the commissioner of insurance from requiring a
67	67	person to provide a paper copy of the person's evidence of liability
68	68	insurance coverage for any inquiry or transaction conducted by or
69	69	on behalf of the commissioner.
70	70	(e) A telecommunications provider, as defined by Section
71	71	51.002, Utilities Code, may not be held liable to a person owning a
72	72	firearm for the failure of a wireless communication device to
73	73	display liability insurance information under Subsection (a)(2).
74	74	Sec. 762.004. CIVIL PENALTY; INJUNCTION. (a) A person who
75	75	violates Section 762.002 is liable for a civil penalty in an amount
76	76	not to exceed $100,000. The attorney general may bring an action to
77	77	collect the civil penalty.
78	78	(b) In an action brought under Subsection (a), the attorney
79	79	general may seek injunctive relief to restrain a person against
80	80	whom the action is brought from possessing a firearm if the attorney
81	81	general has previously collected a civil penalty under this section
82	82	from the person. An injunction issued under this subsection
83	83	expires on:
84	84	(1) the first anniversary of the date the injunction
85	85	is issued if the person has had one previous civil penalty imposed
86	86	against the person under this section; or
87	87	(2) the second anniversary of the date the injunction
88	88	is issued if the person has had more than one previous civil penalty
89	89	imposed against the person under this section.
90	90	SECTION 2. Notwithstanding Section 762.002, Health and
91	91	Safety Code, as added by this Act, a person is not required to
92	92	comply with that section until November 1, 2025.
93	93	SECTION 3. This Act takes effect September 1, 2025.