By: Jones, Jesse H.B. No. 789
73R3991 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of improper storage of a
1-3 firearm and the civil liability of a person who negligently stores
1-4 a firearm.
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 46.13 to read as follows:
1-8 Sec. 46.13. IMPROPER STORAGE OF FIREARMS. (a) In this
1-9 section:
1-10 (1) "Child" means a person younger than 17 years of
1-11 age.
1-12 (2) "Secure" means:
1-13 (A) to place in a locked container;
1-14 (B) to render temporarily inoperable by a lock
1-15 or other means; or
1-16 (C) to take other steps that a reasonable person
1-17 would take to prevent the access to a firearm by a child.
1-18 (b) A person commits an offense if the person fails to
1-19 secure a firearm the person owns and a child gains access to the
1-20 firearm.
1-21 (c) It is an affirmative defense to prosecution under this
1-22 section that the child's access to the firearm:
1-23 (1) was supervised by a person older than 18 years of
1-24 age and was for hunting, sporting, or other lawful purposes;
2-1 (2) consisted of lawful defense by the child of people
2-2 or property; or
2-3 (3) was gained by entering property in violation of
2-4 this code.
2-5 (d) An offense under this section is a Class B misdemeanor.
2-6 SECTION 2. Section 11, Article 42.12, Code of Criminal
2-7 Procedure, is amended by adding Subsection (l) to read as follows:
2-8 (l) If the court grants probation to a person convicted of
2-9 an offense under Section 46.13, Penal Code, the court shall order
2-10 the probationer to work 1,000 hours at a community service project
2-11 or projects for an organization or organizations named in the
2-12 court's order.
2-13 SECTION 3. Title 4, Civil Practice and Remedies Code, is
2-14 amended by adding Chapter 81 to read as follows:
2-15 CHAPTER 81. LIABILITY FOR THE NEGLIGENT STORAGE OF FIREARMS
2-16 Sec. 81.01. LIABILITY FOR NEGLIGENT STORAGE OF
2-17 FIREARMS. (a) A person who owns or possesses a firearm and who
2-18 fails to secure the firearm is liable for property damage, personal
2-19 injury, and death proximately caused by the action of a child who
2-20 gains access to the firearm.
2-21 (b) In this section, the terms "child" and "secure" have the
2-22 meanings assigned by Section 46.13, Penal Code.
2-23 Sec. 81.02. LIMITATIONS ON LIABILITY. This chapter does not
2-24 apply to an action of a child whose access to the firearm:
2-25 (1) was supervised by a person older than 18 years of
2-26 age and was for hunting, sporting, or other lawful purpose;
2-27 (2) was for the lawful defense of people or property;
3-1 or
3-2 (3) was gained by entering property in violation of
3-3 provisions of the Penal Code.
3-4 SECTION 4. This Act takes effect September 1, 1993.
3-5 SECTION 5. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.