Eckhardt Bill Makes Gun Owners Carry $100K In Liability Insurance

The text as introduced · 746 words

89R5054 JTZ-D

By: Eckhardt
S.B. No. 2156

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.