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.