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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability arising from a firearm hold agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter B, Chapter 128, Civil |
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Practice and Remedies Code, is amended to read as follows: |
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SUBCHAPTER B. CIVIL ACTIONS AGAINST SPORT SHOOTING RANGES |
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SECTION 2. Chapter 128, Civil Practice and Remedies Code, |
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is amended by adding Subchapter C to read as follows: |
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SUBCHAPTER C. LIABILITY ARISING FROM FIREARM HOLD AGREEMENTS |
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Sec. 128.101. DEFINITIONS. In this subchapter: |
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(1) "Federal firearms licensee" means any person |
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licensed under 18 U.S.C. Chapter 44. |
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(2) "Firearm" means any device designed, made, or |
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adapted to expel a projectile through a barrel by using the energy |
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generated by an explosion or burning substance or any device |
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readily convertible to that use. |
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(3) "Firearm hold agreement" means a private |
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transaction between a federal firearms licensee and an individual |
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firearm owner in which the licensee takes physical possession of |
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the owner's lawfully possessed firearm at the owner's request, |
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holds the firearm for an agreed period of time, and returns the |
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firearm to the owner according to the terms of the agreement. |
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Sec. 128.102. IMMUNITY FROM LIABILITY. (a) A person does |
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not have a cause of action against a federal firearms licensee |
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operating lawfully in this state for any act or omission arising |
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from a firearm hold agreement that results in personal injury or |
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death, including the return of a firearm to the owner by the |
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licensee at the termination of the agreement. |
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(b) The immunity from civil liability provided by |
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Subsection (a) does not apply to a cause of action arising from the |
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unlawful conduct or gross negligence of the licensee. |
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SECTION 3. Subchapter C, Chapter 128, Civil Practice and |
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Remedies Code, as added by this Act, does not apply to a cause of |
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action that accrued before the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |