By Greenberg H.B. No. 1260
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 school children.
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, TRANSPORT OR ABANDON
1-19 AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE
1-20 LIKELY TO BE AND CAN OBTAIN 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
2-1 States Code.
2-2 SECTION 2. Chapter 46, Penal Code, is amended by adding
2-3 Section 46.13 to read as follows:
2-4 Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In
2-5 this section:
2-6 (1) "Child" means a person younger than 17 years of
2-7 age.
2-8 (2) "Readily dischargeable firearm" means a firearm
2-9 that is:
2-10 (A) loaded with ammunition, whether or not a
2-11 round is in the chamber; or
2-12 (B) an unloaded firearm in close proximity to
2-13 ammunition dischargeable by that firearm.
2-14 (3) "Secure" means:
2-15 (A) to place in a locked container;
2-16 (B) to render temporarily inoperable by a
2-17 trigger lock or other means; or
2-18 (C) to take other steps that a reasonable person
2-19 would take to prevent access to a readily dischargeable firearm by
2-20 a child.
2-21 (b) A person commits an offense if a child gains access to a
2-22 readily dischargeable firearm owned by the person and the person
2-23 recklessly:
2-24 (1) failed to secure the firearm; or
2-25 (2) left the firearm in a place to which the person
3-1 knew or should have known the child would gain access.
3-2 (c) It is an affirmative defense to prosecution under this
3-3 section that the child's access to the firearm:
3-4 (1) was supervised by a person older than 18 years of
3-5 age and was for hunting, sporting, or other lawful purposes;
3-6 (2) consisted of lawful defense by the child of people
3-7 or property; or
3-8 (3) was gained by entering property in violation of
3-9 this code.
3-10 (d) Except as provided by Subsection (e) of this section, an
3-11 offense under this section is a Class C misdemeanor.
3-12 (e) An offense under this section is:
3-13 (1) a Class B misdemeanor if the child discharges the
3-14 firearm and causes bodily injury or death to himself or another
3-15 person.
3-16 (f) A peace officer or other person may not, before the
3-17 seventh day after the date on which the offense is committed arrest
3-18 the actor if:
3-19 (1) the actor is a member of the family, as defined by
3-20 Section 71.01, Family Code, of the child who discharged the
3-21 firearm; and
3-22 (2) the child in discharging the firearm caused the
3-23 death of or serious bodily injury to himself.
3-24 SECTION 3. Article 42.12, Code of Criminal Procedure, is
3-25 amended by adding Section 13A to read as follows:
4-1 Sec. 13A. PROBATION FOR MAKING A FIREARM ACCESSIBLE TO A
4-2 CHILD. (a) A court granting probation to a defendant convicted of
4-3 a misdemeanor under Section 46.13, Penal Code, shall require as a
4-4 condition of probation that the defendant attend a firearm safety
4-5 course approved by the National Rifle Association within 30 days
4-6 from the time of the arrest. The court shall require the
4-7 probationer to pay the cost of attending the firearm safety course.
4-8 SECTION 4. Subchapter D, Chapter 21, Education Code, is
4-9 amended by adding Section 21.118 to read as follows:
4-10 Sec. 21.118. FIREARMS SAFETY PROGRAM. (a) A school
4-11 district may provide or participate in an age-appropriate firearms
4-12 safety program for students in grades kindergarten through 12.
4-13 (b) A school district may not require a student to
4-14 participate in a firearms safety program if the district receives
4-15 written notice from a parent of the student to exempt the student
4-16 from the program.
4-17 SECTION 5. This Act takes effect September 1, 1993.
4-18 SECTION 6. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.