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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil liability of certain businesses in connection |
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with allowing or forbidding handguns on the business premises. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 95A to read as follows: |
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CHAPTER 95A. LIABILITY OF BUSINESS IN CONNECTION WITH |
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ALLOWING OR FORBIDDING HANDGUNS |
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Sec. 95A.001. DEFINITION. In this chapter, "license |
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holder" means a person licensed to carry a handgun under Subchapter |
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H, Chapter 411, Government Code. |
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Sec. 95A.002. LIABILITY OF BUSINESS THAT FORBIDS HANDGUNS. |
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(a) This section does not apply to an entity required to display a |
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sign under Section 411.204, Government Code. |
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(b) A person with control over the premises of a business |
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who forbids entry on the premises by a license holder with a handgun |
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is liable for damages that could have been prevented by the |
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otherwise lawful use of a handgun by a license holder who would |
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otherwise have carried a handgun onto the premises. |
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Sec. 95A.003. IMMUNITY OF BUSINESS THAT ALLOWS HANDGUNS. A |
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person with control over the premises of a business who allows entry |
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on the premises by a license holder with a handgun is not liable |
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based solely on that permission for damages arising from the lawful |
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carrying of a handgun on the premises. |
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Sec. 95A.004. ORAL OR WRITTEN COMMUNICATION. For purposes |
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of this chapter: |
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(1) an oral or written communication that constitutes |
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notice for purposes of Section 30.06 or 30.07, Penal Code, is |
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sufficient to constitute forbidding entry on the premises by a |
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license holder with a concealed or openly carried handgun, as |
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applicable; and |
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(2) the lack of an oral or written communication that |
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constitutes notice for purposes of Section 30.06 or 30.07, Penal |
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Code, is sufficient to constitute allowing entry on the premises by |
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a license holder with a concealed or openly carried handgun, as |
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applicable. |
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SECTION 2. (a) Section 95A.002, Civil Practice and |
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Remedies Code, as added by this Act, applies only to a cause of |
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action that accrues on or after the effective date of this Act. A |
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cause of action that accrues before the effective date of this Act |
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is governed by the law applicable to the cause of action immediately |
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before that date, and that law is continued in effect for that |
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purpose. |
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(b) Section 95A.003, Civil Practice and Remedies Code, as |
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added by this Act, does not apply to a cause of action that accrued |
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before the effective date of this Act. A cause of action that |
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accrued before the effective date of this Act is governed by the law |
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applicable to the cause of action immediately before that date, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |