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.