89R5054 JTZ-D
By: Eckhardt S.B. No. 2156
A BILL TO BE ENTITLED
AN ACT
relating to firearm liability insurance for certain firearm owners;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 762 to read as follows:
CHAPTER 762. FIREARM LIABILITY INSURANCE
Sec. 762.001. DEFINITIONS. In this chapter:
(1) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(2) "Peace officer" has the meaning assigned by
Article 2A.001, Code of Criminal Procedure.
Sec. 762.002. REQUIRED FIREARM LIABILITY INSURANCE. (a)
Except as otherwise provided by this section, a person who owns a
firearm shall obtain and continuously maintain liability insurance
in an amount of at least $100,000 to cover damages resulting from
negligent or wilful acts involving the use of the firearm,
including acts resulting in death, injury, or property damage.
(b) For purposes of this section, a person owns a lost or
stolen firearm until the person reports the loss or theft to a law
enforcement agency.
(c) A person is not required to maintain coverage under
Subsection (a) for death, injury, or property damage incurred in an
act of self-defense or defense of a third person under Subchapter C,
Chapter 9, Penal Code.
(d) This section does not apply to an individual:
(1) employed as a peace officer;
(2) employed as private security and licensed under
Chapter 1702, Occupations Code; or
(3) who is on active duty as a member of the United
States military forces or state military forces and is authorized
to possess a firearm.
Sec. 762.003. EVIDENCE OF LIABILITY INSURANCE COVERAGE.
(a) As a condition of owning a firearm in this state, a person on
request shall provide to a peace officer evidence of liability
insurance coverage by exhibiting:
(1) a liability insurance policy providing coverage
for use of the firearm that satisfies the requirements of Section
762.002 or a photocopy of the policy;
(2) an image displayed on a wireless communication
device that includes the liability insurance information required
by Section 762.002; or
(3) an insurance binder that confirms the individual
is in compliance with this chapter.
(b) A person who does not exhibit evidence of liability
insurance coverage under Subsection (a) is presumed to own the
firearm in violation of Section 762.002.
(c) The display of an image that includes liability
insurance information on a wireless communication device under
Subsection (a)(2) does not constitute effective consent for a law
enforcement officer, or any other person, to access the contents of
the device except to view the liability insurance information.
(d) The authorization for liability insurance information
to be displayed on a wireless communication device under Subsection
(a)(2) does not prohibit:
(1) a court of competent jurisdiction from requiring a
person to provide a paper copy of the person's evidence of liability
insurance coverage in a hearing, trial, or discovery proceeding; or
(2) the commissioner of insurance from requiring a
person to provide a paper copy of the person's evidence of liability
insurance coverage for any inquiry or transaction conducted by or
on behalf of the commissioner.
(e) A telecommunications provider, as defined by Section
51.002, Utilities Code, may not be held liable to a person owning a
firearm for the failure of a wireless communication device to
display liability insurance information under Subsection (a)(2).
Sec. 762.004. CIVIL PENALTY; INJUNCTION. (a) A person who
violates Section 762.002 is liable for a civil penalty in an amount
not to exceed $100,000. The attorney general may bring an action to
collect the civil penalty.
(b) In an action brought under Subsection (a), the attorney
general may seek injunctive relief to restrain a person against
whom the action is brought from possessing a firearm if the attorney
general has previously collected a civil penalty under this section
from the person. An injunction issued under this subsection
expires on:
(1) the first anniversary of the date the injunction
is issued if the person has had one previous civil penalty imposed
against the person under this section; or
(2) the second anniversary of the date the injunction
is issued if the person has had more than one previous civil penalty
imposed against the person under this section.
SECTION 2. Notwithstanding Section 762.002, Health and
Safety Code, as added by this Act, a person is not required to
comply with that section until November 1, 2025.
SECTION 3. This Act takes effect September 1, 2025.