BILL ANALYSIS


                                                          H.B. 44
                                          By: Edwards (Patterson)
                                                 Criminal Justice
                                                          4-28-95
                              Senate Committee Report (Unamended)
BACKGROUND

Many owners of firearms are unaware of storage procedures which
could prevent the accidental death of children.  Currently, there
is no law which requires a gun owner to safety store a gun,
requires a firearms dealer to provide safety information with the
sale of a gun, or allows a school to provide a firearms safety
program to student.  In 1993, 42 children under the age of 17 were
killed in accidents involving firearms, according to the Texas
Department of Health.

PURPOSE

As proposed, H.B. 44 authorizes firearms safety education to be
taught to schoolchildren; provides criminal penalties to limit
access by children to certain firearms.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 46, Penal Code, by adding Section 46.13,
as follows:

     Sec. 46.13.  MAKING A FIREARM ACCESSIBLE TO A CHILD.  (a) 
     Defines "child," "readily dischargeable firearm," and
     "secure."
     
     (b)  Provides that a person commits an offense if a child
       gains access to a readily dischargeable firearm and the
       person with criminal negligence failed to secure the firearm
       or left the firearm in a place to which the person knew or
       should have known the child would gain access.
       
       (c)  Provides that it is an affirmative defense to
       prosecution under this section that the child's access to
       the firearm was under certain conditions.
       
       (d)  Provides that an offense under this section is a Class
       C misdemeanor, except as provided by Subsection (e).
       
       (e)  Provides that an offense under this section is a Class
       A misdemeanor if the child discharges the firearm and causes
       death or serious bodily injury to himself or another person.
       
       (f)  Prohibits a peace officer or other person from
       arresting the actor before the seventh day after the date on
       which the offense is committed if the actor is a member of
       the family of the child who discharged the firearm and the
       child in discharging the firearm caused the death of or
       serious injury to the child.
       
       (g)  Requires a dealer of firearms to post in a conspicuous
       position on the premises where the dealer conducts business
       a sign that contains a warning.  Sets forth required
       language for the warning.
       
       SECTION 2.   Amends Article 42.12, Code of Criminal Procedure, by
adding Section 13B, as follows:

     Sec. 13B.  COMMUNITY SUPERVISION FOR MAKING A FIREARM
     ACCESSIBLE TO A CHILD.  (a)  Authorizes a court granting
     community supervision to a defendant convicted of an offense
     under Section 46.13, Penal Code, to require as a condition of
     community supervision that the defendant provide an
     appropriate public service activity designated by the court or
     attend a firearms safety course which meets or exceeds the
     requirements set by the National Rifle Association (NRA) as of
     January 1, 1995.
     
     (b)  Requires the court to require the defendant to pay the
       cost of attending the firearms safety course under
       Subsection (a)(2).
       
       SECTION 3.   Amends Chapter 21D, Education Code, by adding Section
21.118, as follows:

     Sec. 21.118.  FIREARMS SAFETY PROGRAM.  (a)  Authorizes a
     school district to provide or participate in a firearms safety
     program for students in grades kindergarten through 12. 
     Requires a school district that provides a firearms safety
     program to consult with a certified firearms instructor before
     establishing the curriculum for the program.
     
     (b)  Provides that a school district may not require a
       student to participate in a firearms safety program if the
       district receives written notice from a parent of the
       student to exempt the student from the program.  Prohibits
       a school district that provides or participates in a
       firearms safety program from permitting a student
       participating in the program, while the student is on
       district property, to handle a readily dischargeable
       firearm.
       
       (c)  Provides that the firearms safety program will meet the
       standards of the NRA Eddie Eagle Children's Gun Safety
       Course.
       
     SECTION 4.     Effective date:  September 1, 1995.

SECTION 5. Emergency clause.