Bill Text: TX HB447 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the civil liability of certain businesses in connection with allowing or forbidding handguns on the business premises.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-03-28 - Left pending in committee [HB447 Detail]
Download: Texas-2017-HB447-Introduced.html
| 85R698 LED-D | ||
| By: Bell | H.B. No. 447 | |
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| relating to the civil liability of certain businesses in connection | ||
| with allowing or forbidding handguns on the business premises. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 4, Civil Practice and Remedies Code, is | ||
| amended by adding Chapter 95A to read as follows: | ||
| CHAPTER 95A. LIABILITY OF BUSINESS IN CONNECTION WITH | ||
| ALLOWING OR FORBIDDING HANDGUNS | ||
| Sec. 95A.001. DEFINITION. In this chapter, "license | ||
| holder" means a person licensed to carry a handgun under Subchapter | ||
| H, Chapter 411, Government Code. | ||
| Sec. 95A.002. LIABILITY OF BUSINESS THAT FORBIDS HANDGUNS. | ||
| (a) This section does not apply to an entity required to display a | ||
| sign under Section 411.204, Government Code. | ||
| (b) A person with control over the premises of a business | ||
| who forbids entry on the premises by a license holder with a handgun | ||
| is liable for damages that could have been prevented by the | ||
| otherwise lawful use of a handgun by a license holder who would | ||
| otherwise have carried a handgun onto the premises. | ||
| Sec. 95A.003. IMMUNITY OF BUSINESS THAT ALLOWS HANDGUNS. A | ||
| person with control over the premises of a business who allows entry | ||
| on the premises by a license holder with a handgun is not liable | ||
| based solely on that permission for damages arising from the lawful | ||
| carrying of a handgun on the premises. | ||
| Sec. 95A.004. ORAL OR WRITTEN COMMUNICATION. For purposes | ||
| of this chapter: | ||
| (1) an oral or written communication that constitutes | ||
| notice for purposes of Section 30.06 or 30.07, Penal Code, is | ||
| sufficient to constitute forbidding entry on the premises by a | ||
| license holder with a concealed or openly carried handgun, as | ||
| applicable; and | ||
| (2) the lack of an oral or written communication that | ||
| constitutes notice for purposes of Section 30.06 or 30.07, Penal | ||
| Code, is sufficient to constitute allowing entry on the premises by | ||
| a license holder with a concealed or openly carried handgun, as | ||
| applicable. | ||
| SECTION 2. (a) Section 95A.002, Civil Practice and | ||
| Remedies Code, as added by this Act, applies only to a cause of | ||
| action that accrues on or after the effective date of this Act. A | ||
| cause of action that accrues before the effective date of this Act | ||
| is governed by the law applicable to the cause of action immediately | ||
| before that date, and that law is continued in effect for that | ||
| purpose. | ||
| (b) Section 95A.003, 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. A cause of action that | ||
| accrued before the effective date of this Act is governed by the law | ||
| applicable to the cause of action immediately before that date, and | ||
| that law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
