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89(R) HB 865 - Engrossed version - Bill Text
By: Moody, Goodwin, Cain, Tinderholt,
H.B. No. 865
Virdell
A BILL TO BE ENTITLED
AN ACT
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)
"Congressionally chartered veterans service
organization" means a veterans service organization listed in 36
U.S.C. Subtitle II.
(2)
"Federal firearms licensee" means any person
licensed under 18 U.S.C. Chapter 44.
(3)
"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.
(4)
"Firearm hold agreement" means a private
transaction between a federal firearms licensee or a
congressionally chartered veterans service organization lawfully
permitted to possess firearms and an individual firearm owner in
which the licensee or organization 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) Subject to
Subsection (b), a person does not have a cause of action against a
federal firearms licensee or congressionally chartered veterans
service organization 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 or organization at the termination of the
agreement.
(b)
The immunity from civil liability provided by
Subsection (a) to a congressionally chartered veterans service
organization applies only if the organization complies with
firearms storage requirements applicable to federal firearms
licensees.
(c)
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 or
organization.
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, 2025.