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A BILL TO BE ENTITLED
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AN ACT
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relating to firearm liability insurance for certain firearm owners; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 762 to read as follows: |
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CHAPTER 762. FIREARM LIABILITY INSURANCE |
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Sec. 762.001. DEFINITIONS. In this chapter: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(2) "Peace officer" has the meaning assigned by |
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Article 2A.001, Code of Criminal Procedure. |
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Sec. 762.002. REQUIRED FIREARM LIABILITY INSURANCE. (a) |
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Except as otherwise provided by this section, a person who owns a |
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firearm shall obtain and continuously maintain liability insurance |
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in an amount of at least $100,000 to cover damages resulting from |
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negligent or wilful acts involving the use of the firearm, |
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including acts resulting in death, injury, or property damage. |
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(b) For purposes of this section, a person owns a lost or |
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stolen firearm until the person reports the loss or theft to a law |
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enforcement agency. |
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(c) A person is not required to maintain coverage under |
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Subsection (a) for death, injury, or property damage incurred in an |
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act of self-defense or defense of a third person under Subchapter C, |
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Chapter 9, Penal Code. |
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(d) This section does not apply to an individual: |
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(1) employed as a peace officer; |
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(2) employed as private security and licensed under |
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Chapter 1702, Occupations Code; or |
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(3) who is on active duty as a member of the United |
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States military forces or state military forces and is authorized |
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to possess a firearm. |
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Sec. 762.003. EVIDENCE OF LIABILITY INSURANCE COVERAGE. |
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(a) As a condition of owning a firearm in this state, a person on |
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request shall provide to a peace officer evidence of liability |
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insurance coverage by exhibiting: |
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(1) a liability insurance policy providing coverage |
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for use of the firearm that satisfies the requirements of Section |
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762.002 or a photocopy of the policy; |
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(2) an image displayed on a wireless communication |
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device that includes the liability insurance information required |
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by Section 762.002; or |
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(3) an insurance binder that confirms the individual |
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is in compliance with this chapter. |
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(b) A person who does not exhibit evidence of liability |
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insurance coverage under Subsection (a) is presumed to own the |
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firearm in violation of Section 762.002. |
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(c) The display of an image that includes liability |
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insurance information on a wireless communication device under |
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Subsection (a)(2) does not constitute effective consent for a law |
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enforcement officer, or any other person, to access the contents of |
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the device except to view the liability insurance information. |
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(d) The authorization for liability insurance information |
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to be displayed on a wireless communication device under Subsection |
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(a)(2) does not prohibit: |
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(1) a court of competent jurisdiction from requiring a |
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person to provide a paper copy of the person's evidence of liability |
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insurance coverage in a hearing, trial, or discovery proceeding; or |
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(2) the commissioner of insurance from requiring a |
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person to provide a paper copy of the person's evidence of liability |
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insurance coverage for any inquiry or transaction conducted by or |
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on behalf of the commissioner. |
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(e) A telecommunications provider, as defined by Section |
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51.002, Utilities Code, may not be held liable to a person owning a |
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firearm for the failure of a wireless communication device to |
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display liability insurance information under Subsection (a)(2). |
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Sec. 762.004. CIVIL PENALTY; INJUNCTION. (a) A person who |
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violates Section 762.002 is liable for a civil penalty in an amount |
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not to exceed $100,000. The attorney general may bring an action to |
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collect the civil penalty. |
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(b) In an action brought under Subsection (a), the attorney |
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general may seek injunctive relief to restrain a person against |
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whom the action is brought from possessing a firearm if the attorney |
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general has previously collected a civil penalty under this section |
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from the person. An injunction issued under this subsection |
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expires on: |
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(1) the first anniversary of the date the injunction |
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is issued if the person has had one previous civil penalty imposed |
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against the person under this section; or |
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(2) the second anniversary of the date the injunction |
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is issued if the person has had more than one previous civil penalty |
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imposed against the person under this section. |
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SECTION 2. Notwithstanding Section 762.002, Health and |
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Safety Code, as added by this Act, a person is not required to |
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comply with that section until November 1, 2025. |
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SECTION 3. This Act takes effect September 1, 2025. |