BILL ANALYSIS



C.S.H.B. 44
By: Edwards
03-13-95
Committee Report (Substituted)


BACKGROUND

Many owners of firearms are unaware of storage procedures which
could prevent the accidental deaths of our state's children. 
Currently there is no law which: (1) requires a gun owner to safely
store his\her gun, (2) requires a firearms dealer to provide safety
information with the sale of a gun, or (3) allows a school to
provide a firearms safety program to students.  In 1993, forty two
children under the age of seventeen were killed in accidents
involving firearms, according to the Texas Department of Health.

PURPOSE

H.B. 44 is intended to limit access by children to readily
dischargeable firearms.  It will also allow school districts to
offer firearms safety courses to their students.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION  1.   Amends Chapter 46 of the Penal Code by adding Section
46.13.
Section 46.13  (a) defines the terms "child", "readily
dischargeable firearm", and "secure."
(b) states that a person commits an offense if a child gains access
to the readily dischargeable firearm owned by the person and the
person with criminal negligence (1) failed to secure the firearm;
or (2) left the firearm in a place where the person knows or should
have known that a child could gain access.
(c) an affirmative defense to prosecution under this section is:
(1) the child was supervised by a person who was older than 18
years of age and the firearm was being used for hunting, sporting
or other lawful purpose; (2) consisted of lawful defense by the
child of people or property; or (3) was gained by entering the
property in violation of this code.
(d) A violation of section 46.13(b) is a Class B misdemeanor,
except as provided by 
subsection (e). 
(e) It is a Class A misdemeanor if the child injures or kills
himself or another person.
(f) Allows for a seven day gieving period if: (1) the actor is a
member of the family of the child who discharged the firearm, and
(2) the child injured or killed himself.
(g) A firearms dealer must post a sign conspicuously on the
business premises that states that it is unlawful to store a
firearm negligently.

SECTION 2. Article 42.12 Code of Criminal Procedure is amended by
adding Section 13B.
Section 13B  (a) a court may grant probation to a defendant
convicted of an offense, and may require that the defendant (1)
perform community service, and (2) attend a firearms safety course. 
(b) The defendant must pay for the safety course.

SECTION 3.  Amends Subchapter D, Chapter 21, Education Code by
adding Section 21.118:
Section 21.118  (a) a school district may provide or participate in
an age-appropriate firearm safety program for students in grades K-12.
(b) a school district may not require a student to participate in
the firearm safety program if the district receives a written
notice from the parent of the student to exempt them from the
program.

SECTION 4.  This Act takes effect on September 1, 1995.

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

Section 1 of the original is deleted in the substitute. The
consequence of which is to remove language holding firearms dealers
criminally liable for not posting notice that states that it is
unlawful to store a firearm negligently.  The language that makes
a gun owner criminally liable for not offering a trigger lock or
other device intended to prevent the accidental discharge of a
firearm is removed in the substitute.

Section 2 of the original is changed to section 1 in the substitute
with five differences. 1) The substitute has language added that
defines the meaning of "readily dischargeable firearm." 2)
Subsection (d) of this section is changed in the substitute to make
an offense under this section a Class B misdemeanor rather than a
Class A misdemeanor.  3) Subsection (e) in this section is changed
in the substitute to make it a Class A misdemeanor (rather than a
felony of the third degree) if a child discharges the firearm and
injures or kills himself or another.  4) Subsection (f) of this
section is added to the substitute in order to allow for a grieving
period for a family member who violates the provisions set forth in
this act. 5) Subsection (g) is added to this section of the
substitute to require a dealer of firearms to post a sign
conspicuously in his\her place of business that states that it is
unlawful to store a firearm negligently, as specified by section 1
of the substitute.  No penalties are involved with this
requirement.

Section 3 of the original is changed to section 2 in the
substitute. There is a change in subsection (a) (1) of the
substitute which deletes the words "100 hours of", relating to
community service that a court may grant as punishment for an
offense of this act.  This deletion allows a court more leeway in
passing down a verdict on punishment, because the current penal
code allows a felony punishment for the criminally negligent
homicide of a child.  Subsection (a)(2) has been changed in the
substitute to specify that the new firearms safety course offered
by the National Rifle Association is implemented.  Wording is this
subsection has also been changed to allow for courses that exceed
the requirements of the NRA.

Section 4 of the original is changed to section 3 in the
substitute.  

Section 5 of the original is changed to section 4 in the
substitute.

Section 6 of the original is changed to section 5 in the
substitute. 

SUMMARY OF COMMITTEE ACTION

H.B. 44 was considered by the Committee on Public Safety in a
public hearing on March 7, 1995.  The committee considered a
complete substitute for the bill.  

The following persons testified in favor of the bill:
     Jim Tarr, representing GRIEF;
     Sandy Kibby, representing Texas PTA;
     Dianne Clements, representing Zero Accidental Killings;
     Jim Fawcett, representing Texas Police Chiefs Association;
     Richard Negri, representing Zero Accidental Killings;
     Andy Kahan, representing the Mayor's Office for the City of
Houston;
     Lynda Tarr, representing GRIEF;
     Betty Anderson, representing the League of Women Voters;
     Dr. Clift Price, representing the Texas Medical Association
and Texas Pediatric
     Society;
     Whitson Clements, representing Zero Accidental Killings;
     David Smith, representing Texans Against Gun Violence;
     Nancy Sims, representing the Child Abuse Prevention Network;
     Sergeant S.C. Van Vleck, representing the Fort Worth Police
Department;
     Constable Larry Long, representing himself and Constable
Victor Trevino; and
     Leslie A. Barnard, representing herself and Texans Against Gun
Violence-Houston    Chapter.

The following persons testified against the bill:
     Joe McBride, representing Texas Gun Dealers Association;
     Donald A. Loucks, representing Peaceable Texans for Firearms
Rights;
     Paul Velte, IV, representing Peaceable Texans for Firearms
Rights;
     Charles Wallace, representing himself;
     Morris Johnston, representing Texas State Rifle Association;
and
     Carol Lockett, representing herself.

The following person testified neutrally on the bill:
     David Zane, representing the Texas Department of Health.

Five amendments were offered to the substitute.  Three of those
amendments were adopted without objection.  One of those amendments
was adopted by a record vote of 4 ayes, 3 nays, 1 pnv, and 1
absent.  One of those amendments was withdrawn.  The substitute, as
amended, was adopted without objection.  The chair directed the
staff to incorporate the amendments into the substitute.  The bill
was reported favorably as substituted, with the recommendation that
it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0
pnv, and 2 absent.