By Schechter, et al.                                   H.B. No. 541
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prevention of death and serious injury to children when
    1-3  firearms are left unsupervised and unprotected against free access
    1-4  by children, hereby known as the Children's Firearm Accident
    1-5  Prevention Act and the response of the State thereto
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Title 10, Penal Code, is amended by adding
    1-8  Article 46.13, to read as follows:
    1-9        Art. 46.13.  STORAGE OF LAWFUL FIREARM
   1-10        (a)  Storage of Lawful Firearm.  Except as provided in this
   1-11  section, a person commits an offense if the person intentionally,
   1-12  knowingly, recklessly or by criminal negligence stores, transports,
   1-13  or abandons a loaded firearm, or an unloaded firearm accompanied by
   1-14  ammunition, in any location under his control where the person
   1-15  knows, or reasonable should know, that an unsupervised child under
   1-16  the age of 16 years is likely to gain access.
   1-17        A parent or guardian of a child who is shot as the result of
   1-18  violation of this section shall be prosecuted only in those
   1-19  instances in which the parent or guardian behaved in a grossly
   1-20  negligent manner or where similarly egregious circumstances exist.
   1-21  This subdivision shall not otherwise restrict, in any manner, the
   1-22  factors that a district attorney may consider when deciding whether
   1-23  to prosecute alleged violations of this section.
    2-1        (b)  It is an affirmative defense to prosecution under this
    2-2  section that:
    2-3              (1)  the firearm had been secured with a trigger lock
    2-4  or other similar device which prevented the firearm from
    2-5  discharging;
    2-6              (2)  the child's access to firearms was supervised by
    2-7  an adult;
    2-8              (3)  the child's access to firearms was obtained as a
    2-9  result of an unlawful entry;
   2-10              (4)  the firearm was left in a reasonably-secure locked
   2-11  box or container; or
   2-12              (5)  the injuries resulted from target or sport
   2-13  shooting accident or hunting accident.
   2-14        (c)  This section does not apply to members of the Armed
   2-15  Forces, National Guard, or State Militia, or other law enforcement
   2-16  officers, during or incidental to performance of their official
   2-17  duties.
   2-18        (d)  If the person who allegedly violated this section is the
   2-19  parent or guardian of a child who is accidentally shot, no arrest
   2-20  of the person shall be made pursuant to this subsection prior to at
   2-21  least seven (7) days after the date of the shooting.
   2-22        (e)  For purposes of this section, "Ammunition" means any
   2-23  ammunition cartridge, shell or other device containing explosive or
   2-24  incendiary material designed and intended for use in any firearm.
   2-25        (f)  A person who is subject to prosecution under both this
    3-1  section and another section of this code may be prosecuted under
    3-2  either or both sections.  Section 3.04 of this code does not apply
    3-3  to criminal episodes prosecuted under both this section and another
    3-4  section of this code.  If a criminal episode is prosecuted under
    3-5  both this section and another section of this code and sentences
    3-6  are assessed for convictions under both sections, the sentences
    3-7  shall run concurrently.
    3-8        (g)  An offense under this section subjects the offender to
    3-9  100 hours of public service in a local hospital trauma unit as
   3-10  determined by the magistrate, unless a child under the age of 16 is
   3-11  shot, in which event, it is a Class A misdemeanor.
   3-12        SECTION 2.  Title 10, Penal Code, Section 46.07 is amended by
   3-13  adding Subsection (d) and (e) to read as follows:
   3-14        (d)  A lawfully licensed firearm dealer engaged in the
   3-15  business of selling, renting, leasing, or offering to sell, rent or
   3-16  lease any firearm commits an offense if he:
   3-17              (1)  fails to offer to sell, rent, lease or give a
   3-18  firearm purchaser a trigger lock or similar device intended to
   3-19  prevent the firearm from accidental discharge; or
   3-20              (2)  fails to conspicuously post within the licensed
   3-21  premises the following warning in block letters not less than one
   3-22  inch in height:
   3-23        "IT IS UNLAWFUL TO STORE, TRANSPORT OR ABANDON AN
   3-24        UNLOCKED FIREARM WHERE CHILDREN CAN OBTAIN ACCESS."
   3-25        (e)  An offense under this section is a Class A misdemeanor
    4-1  unless it is committed under Subsection (d)(1) or (d)(2) of this
    4-2  section, in which event, it is a Class C misdemeanor.
    4-3        SECTION 3.  Title 10, Penal Code, Section 46.01 is amended by
    4-4  adding Subdivisions (16)-(18) to read as follows:
    4-5              (16)  "Department" means the Department of Public
    4-6  Safety
    4-7              (17)  "Director" means the director of the Department
    4-8  of Public Safety or the director's designated agent.
    4-9              (18)  "Officer" means a licensed peace officer employed
   4-10  by the Department.
   4-11        SECTION 4.  Title 10, Penal Code, is amended by adding
   4-12  Article 46.14, to read as follows:
   4-13        Art. 46.14.  CHILD INJURY CENTRAL REGISTRY
   4-14        (a)  The Department director shall merge all vital statistics
   4-15  concerning deaths or serious injury resulting from violations of
   4-16  Section 46.13 into a central registry.  These vital statistics
   4-17  shall be obtained from any and all law enforcement agencies
   4-18  investigating and/or reporting such information.  The director may
   4-19  take such other actions deemed necessary to complete the processing
   4-20  and compilations of the vital statistics.
   4-21        (b)  Vital statistic compilations shall contain:
   4-22              (1)  Name and location of the offender;
   4-23              (2)  All vital statistics relating to type of injury or
   4-24  death;
   4-25              (3)  Number of previous violations;
    5-1              (4)  Amount of public service, if any, served; and
    5-2              (5)  Amount of fine, if any, assessed against offender.
    5-3        (c)  Upon request, the Department director may forward and/or
    5-4  supply vital statistic compilations to public and private entities.
    5-5        SECTION 5.  PUNISHMENT OF PRIOR VIOLATIONS.
    5-6        This Act applies only to offenses committed on or after the
    5-7  effective date of this Act.  An offense is committed before the
    5-8  effective date of this Act is governed by the laws in effect when
    5-9  the offense was committed and liability or a penalty may be imposed
   5-10  as if this Act were not in force.
   5-11        SECTION 6.  This Act takes effect _________________.
   5-12        SECTION 7.  The importance of this legislation and the
   5-13  crowded condition of the calendars in both houses create an
   5-14  emergency and an imperative public necessity that the
   5-15  constitutional rule requiring bills to be read on three several
   5-16  days in each house be suspended, and this rule is hereby suspended.