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