By: Edwards, Al H.B. No. 202
73R1082 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of offenses intended to limit access by
1-3 children to certain firearms and to firearms safety education for
1-4 schoolchildren.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 46, Penal Code, is amended by adding
1-7 Section 46.071 to read as follows:
1-8 Sec. 46.071. REQUIREMENTS FOR TRANSFER OF FIREARMS BY
1-9 DEALERS. (a) A dealer of firearms commits an offense if the
1-10 dealer sells, rents, leases, loans, or gives a firearm to a person
1-11 and does not offer to sell, rent, lease, loan, or give to the
1-12 person a trigger lock or similar device intended to prevent the
1-13 firearm from accidental discharge.
1-14 (b) A dealer of firearms commits an offense if the dealer
1-15 fails to post in a conspicuous position on the premises where the
1-16 dealer conducts business a sign that contains the following warning
1-17 in block letters not less than one inch in height:
1-18 "IT IS UNLAWFUL TO STORE OR LEAVE AN UNSECURED FIREARM
1-19 IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN
1-20 ACCESS TO THE FIREARM."
1-21 (c) An offense under this section is a Class C misdemeanor.
1-22 (d) In this section, "dealer of firearms" means a person
1-23 licensed as a firearms dealer under Chapter 44, Title 18, United
1-24 States Code.
2-1 SECTION 2. Chapter 46, Penal Code, is amended by adding
2-2 Section 46.13 to read as follows:
2-3 Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In
2-4 this section:
2-5 (1) "Child" means a person younger than 17 years of
2-6 age.
2-7 (2) "Readily dischargeable firearm" means a firearm
2-8 that is:
2-9 (A) loaded with ammunition, whether or not a
2-10 round is in the chamber; or
2-11 (B) an unloaded firearm in close proximity to
2-12 ammunition dischargeable by that firearm.
2-13 (3) "Secure" means:
2-14 (A) to place in a locked container;
2-15 (B) to render temporarily inoperable by a
2-16 trigger lock or other means; or
2-17 (C) to take other steps that a reasonable person
2-18 would take to prevent the access to a readily dischargeable firearm
2-19 by a child.
2-20 (b) A person commits an offense if a child gains access to a
2-21 readily dischargeable firearm owned by the person and the person
2-22 with criminal negligence:
2-23 (1) failed to secure the firearm; or
2-24 (2) left the firearm in a place to which the person
2-25 knew or should have known the child would gain access.
2-26 (c) It is an affirmative defense to prosecution under this
2-27 section that the child's access to the firearm:
3-1 (1) was supervised by a person older than 18 years of
3-2 age and was for hunting, sporting, or other lawful purposes;
3-3 (2) consisted of lawful defense by the child of people
3-4 or property; or
3-5 (3) was gained by entering property in violation of
3-6 this code.
3-7 (d) Except as provided by Subsection (e) of this section, an
3-8 offense under this section is a Class A misdemeanor.
3-9 (e) An offense under this section is a felony of the third
3-10 degree if the child discharges the firearm and causes death or
3-11 serious bodily injury to himself or another person.
3-12 SECTION 3. Subchapter D, Chapter 21, Education Code, is
3-13 amended by adding Section 21.118 to read as follows:
3-14 Sec. 21.118. FIREARMS SAFETY PROGRAM. (a) A school
3-15 district may provide or participate in a firearms safety program
3-16 for students in grades kindergarten through 12.
3-17 (b) A school district may not require a student to
3-18 participate in a firearms safety program if the district receives
3-19 written notice from a parent of the student to exempt the student
3-20 from the program.
3-21 SECTION 4. This Act takes effect September 1, 1993.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.