85R698 LED-D     By: Bell H.B. No. 447       A BILL TO BE ENTITLED   AN ACT   relating to the civil liability of certain businesses in connection   with allowing or forbidding handguns on the business premises.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 4, Civil Practice and Remedies Code, is   amended by adding Chapter 95A to read as follows:   CHAPTER 95A. LIABILITY OF BUSINESS IN CONNECTION WITH   ALLOWING OR FORBIDDING HANDGUNS          Sec. 95A.001.  DEFINITION. In this chapter, "license   holder" means a person licensed to carry a handgun under Subchapter   H, Chapter 411, Government Code.          Sec. 95A.002.  LIABILITY OF BUSINESS THAT FORBIDS HANDGUNS.   (a) This section does not apply to an entity required to display a   sign under Section 411.204, Government Code.          (b)  A person with control over the premises of a business   who forbids entry on the premises by a license holder with a handgun   is liable for damages that could have been prevented by the   otherwise lawful use of a handgun by a license holder who would   otherwise have carried a handgun onto the premises.          Sec. 95A.003.  IMMUNITY OF BUSINESS THAT ALLOWS HANDGUNS. A   person with control over the premises of a business who allows entry   on the premises by a license holder with a handgun is not liable   based solely on that permission for damages arising from the lawful   carrying of a handgun on the premises.          Sec. 95A.004.  ORAL OR WRITTEN COMMUNICATION. For purposes   of this chapter:                (1)  an oral or written communication that constitutes   notice for purposes of Section 30.06 or 30.07, Penal Code, is   sufficient to constitute forbidding entry on the premises by a   license holder with a concealed or openly carried handgun, as   applicable; and                (2)  the lack of an oral or written communication that   constitutes notice for purposes of Section 30.06 or 30.07, Penal   Code, is sufficient to constitute allowing entry on the premises by   a license holder with a concealed or openly carried handgun, as   applicable.          SECTION 2.  (a) Section 95A.002, Civil Practice and   Remedies Code, as added by this Act, applies only to a cause of   action that accrues on or after the effective date of this Act. A   cause of action that accrues before the effective date of this Act   is governed by the law applicable to the cause of action immediately   before that date, and that law is continued in effect for that   purpose.          (b)  Section 95A.003, 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. A cause of action that   accrued before the effective date of this Act is governed by the law   applicable to the cause of action immediately before that date, and   that law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2017.