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.