Monitoring the Session

HB 865

bill shielding gun dealers who hold guns for their owners

Died in committee

Verdict: No flags

No flagsInitial review
Rep. Joe MoodyDHouse 78

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to civil liability arising from a firearm hold agreement.

Caption from analyzed text · version H.

Summary

Dealers can’t be sued for returning the gun, unless unlawful or grossly negligent.

The bill bars personal injury and death lawsuits against federally licensed gun dealers over firearm hold agreements, where a dealer stores an owner's gun at the owner's request and later gives it back. It touches federal firearms licensees, gun owners who use these hold services, and people who might sue after someone is hurt or killed. Starting September 1, 2025, a dealer cannot be sued for returning a held gun or for other acts tied to the hold, unless the dealer acted unlawfully or with gross negligence.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R HB 3545 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 3545 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.ACROSS THE AISLE. Joint authors: 3 Republicans, 2 Democrats. Party as the Legislative Reference Library lists it for the 89th Legislature.GOT HALFWAY. Passed the House on Apr 30, 2025. Died in the Senate: never got out of the State Affairs committee.

Receipt

The receipt

89R-HB865 · 2024-11-12

SOLD BY

Rep. Joe MoodyDHouse 78 Rep. Vikki GoodwinDHouse 47 Rep. Briscoe CainRHouse 128

+ 2 more authors

ITEM

relating to civil liability arising from a firearm hold agreement.

WHAT IT DOES

Dealers can’t be sued for returning the gun, unless unlawful or grossly negligent.

The bill bars personal injury and death lawsuits against federally licensed gun dealers over firearm hold agreements, where a dealer stores an owner's gun at the owner's request and later gives it back. It touches federal firearms licensees, gun owners who use these hold services, and people who might sue after someone is hurt or killed. Starting September 1, 2025, a dealer cannot be sued for returning a held gun or for other acts tied to the hold, unless the dealer acted unlawfully or with gross negligence.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 16, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Judiciary & Civil Jurisprudence
  4. Scheduled for public hearing on . . .
  5. Considered in public hearing
  6. Testimony taken/registration(s) recorded in committee
  7. Left pending in committee
  8. Considered in public hearing
  9. Reported favorably w/o amendment(s)
  10. Comte report filed with Committee Coordinator
  11. Committee report distributed
  12. Committee report sent to Calendars
  13. Considered in Calendars
  14. Placed on General State Calendar
  15. Read 2nd time
  16. Amended 1-Moody
  17. Passed to engrossment as amended
  18. Record vote RV#853
  19. Statement(s) of vote recorded in Journal
  20. Read 3rd time
  21. Passed
  22. Record vote RV#1000
  23. Statement(s) of vote recorded in Journal
  24. Reported engrossed
  25. Received from the House
  26. Read first time
  27. Referred to State Affairs
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“A person does not have a cause of action against a federal firearms licensee operating lawfully in this state for any act or omission arising from a firearm hold agreement that results in personal injury or death”…

Bill text, House committee report version (H)

The bill creates a lawsuit shield for licensed gun dealers that hold and return firearms, with exceptions only for unlawful conduct or gross negligence.

SIGNED FOR BY

House · 140 yea · 0 nay

Sources

House: Final passage · Apr 30, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Joe Moody

Donors

Texas Trial Lawyers Association PAC$85KTexans for Truth and Liberty PAC$25KTexas Sands PAC$14K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 9, 2024 to Jun 29, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texas Trial Lawyers Association PAC$85,000.00

Texas Trial Lawyers Association PAC

$85,000.00

Cash
$85,000.00
Paid by others
$0.00
Total
$85,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Oct 8, 2024 to Jun 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100979067, 101003930, 101054759.

Texans for Truth and Liberty PAC$25,000.00

Texans for Truth and Liberty PAC

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101003930.

Texas Sands PAC$14,000.00

Texas Sands PAC

$14,000.00

Cash
$14,000.00
Paid by others
$0.00
Total
$14,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Oct 1, 2024 to May 18, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100979067, 101024872, 101054759.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texas Trial Lawyers Association PAC

$85,000.00

Cash
$85,000.00
Paid by others
$0.00
Total
$85,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Oct 8, 2024 to Jun 17, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100979067, 101003930, 101054759.

×

Texans for Truth and Liberty PAC

$25,000.00

Cash
$25,000.00
Paid by others
$0.00
Total
$25,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · on Jun 24, 2025. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101003930.

×

Texas Sands PAC

$14,000.00

Cash
$14,000.00
Paid by others
$0.00
Total
$14,000.00

Also funds 121 other sitting lawmakers.

Derived recipient stock · Jul 3, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Oct 1, 2024 to May 18, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100979067, 101024872, 101054759.

Votes2

House Apr 30, 2025

Yea
140
Nay
0
Present, not voting
3
Absent
2
Excused
5
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1000

HB 865 was passed by (Record 1000): 140 Yeas, 0 Nays, 3 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 140 (published)
  • Nay: 0 (published)
  • Present, not voting: 3 (published)
  • Absent: 2 (derived from named list)
  • Excused: 5 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House Apr 29, 2025

Yea
137
Nay
10
Present, not voting
1
Absent
1
Excused
1
Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 853

HB 865, as amended, was passed to engrossment by (Record 853): 137 Yeas, 10 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

  • Yea: 137 (published)
  • Nay: 10 (published)
  • Present, not voting: 1 (published)
  • Absent: 1 (derived from named list)
  • Excused: 1 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Witnesses10
For
9
Against
0
On
1
Names

For

  • City of Houston1 registration
  • Dallas Criminal District Attorney John Creuzot1 registration
  • Self2 registrations
  • Self; Houston City Council District C1 registration
  • Self; VFW Department of Texas1 registration
  • Texas Gun Sense1 registration
  • Texas Impact1 registration
  • Texas Pediatric Society1 registration

On

  • Self; Texas Gun Rights1 registration
Sources

10 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version I · source

Sources

Fiscal note · version I · March 16, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R HB 3545

by Rep. Moody, same lead author · Died in committee · same text

Introduced text

Last action, May 11, 2023: Referred to State Affairs

Relating to civil liability arising from a firearm hold agreement.

Caption, 88R bill history

Sources

Texas House · Filed Nov 12, 2024

05/01/2025 S Referred to State Affairs

Texas Legislature Online · Introduced · House Committee Report · Engrossed

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Judiciary & Civil Jurisprudence · Committee vote 11 aye, 0 nay · Out of committee

Senate committee · State Affairs · Final status: Died in committee

Companion

SB 1326 by Johnson (identical)

HB 1217 by Goodwin (duplicate)

Subjects

Civil Remedies & Liabilities

Weapons

SHOOTING RANGES

Text

The text as introduced · 334 words

89R1421 AMF-F

By: Moody
H.B. No. 865

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) "Federal firearms licensee" means any person

licensed under 18 U.S.C. Chapter 44.

(2) "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.

(3) "Firearm hold agreement" means a private

transaction between a federal firearms licensee and an individual

firearm owner in which the licensee 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) A person does

not have a cause of action against a federal firearms licensee

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 at the termination of the agreement.

(b) 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.

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.