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.