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.