Bill Text: TX HB3545 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to civil liability arising from a firearm hold agreement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to State Affairs [HB3545 Detail]
Download: Texas-2023-HB3545-Engrossed.html
| By: Moody | H.B. No. 3545 | |
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| 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, 2023. | ||
