HB865 - Relating to civil liability arising from a firearm hold agreement.

      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.