By Greenberg H.B. No. 38
74R559 DD-F
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 firearm 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 46.061 to read as follows:
1-8 Sec. 46.061. 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 18 U.S.C. Chapter 44.
1-24 SECTION 2. Chapter 46, Penal Code, is amended by adding
2-1 Section 46.11 to read as follows:
2-2 Sec. 46.11. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In
2-3 this section:
2-4 (1) "Child" means a person younger than 17 years of
2-5 age.
2-6 (2) "Readily dischargeable firearm" means a firearm
2-7 that is:
2-8 (A) loaded with ammunition, whether or not a
2-9 round is in the chamber; or
2-10 (B) an unloaded firearm in close proximity to
2-11 ammunition dischargeable by that firearm.
2-12 (3) "Secure" means:
2-13 (A) to place in a locked container;
2-14 (B) to render temporarily inoperable by a
2-15 trigger lock or other means; or
2-16 (C) to take other steps that a reasonable person
2-17 would take to prevent access to a readily dischargeable firearm by
2-18 a child.
2-19 (b) A person commits an offense if a child gains access to a
2-20 readily dischargeable firearm owned by the person and the person
2-21 recklessly:
2-22 (1) failed to secure the firearm; or
2-23 (2) left the firearm in a place to which the person
2-24 knew or should have known the child would gain access.
2-25 (c) It is an affirmative defense to prosecution under this
2-26 section that the child's access to the firearm:
2-27 (1) was supervised by a person older than 18 years of
3-1 age and was for hunting, sporting, or another lawful purpose;
3-2 (2) consisted of lawful defense by the child of people
3-3 or property; or
3-4 (3) was gained by entering property in violation of
3-5 this code.
3-6 (d) Except as provided by Subsection (e) of this section, an
3-7 offense under this section is a Class B misdemeanor.
3-8 (e) An offense under this section is a Class A misdemeanor
3-9 if the child discharges the firearm and causes bodily injury or
3-10 death to the child or another person.
3-11 (f) A peace officer or other person may not before the
3-12 seventh day after the date on which the offense is committed arrest
3-13 the actor if:
3-14 (1) the actor is a member of the family, as defined by
3-15 Section 71.01, Family Code, of the child who discharged the
3-16 firearm; and
3-17 (2) the child in discharging the firearm caused the
3-18 death of or serious bodily injury to the child.
3-19 SECTION 3. Article 42.12, Code of Criminal Procedure, is
3-20 amended by adding Section 13B to read as follows:
3-21 Sec. 13B. COMMUNITY SUPERVISION FOR MAKING A FIREARM
3-22 ACCESSIBLE TO A CHILD. A court granting community supervision to a
3-23 defendant convicted of a misdemeanor under Section 46.11, Penal
3-24 Code, shall require as a condition of community supervision that
3-25 the defendant attend a firearm safety course approved by the
3-26 National Rifle Association within 30 days after the date of the
3-27 arrest. The court shall require the defendant to pay the cost of
4-1 attending the firearm safety course.
4-2 SECTION 4. Subchapter D, Chapter 21, Education Code, is
4-3 amended by adding Section 21.118 to read as follows:
4-4 Sec. 21.118. FIREARM SAFETY PROGRAM. (a) A school district
4-5 may provide or participate in an age-appropriate firearm safety
4-6 program for students in grades kindergarten through 12.
4-7 (b) A school district may not require a student to
4-8 participate in a firearm safety program if the district receives
4-9 written notice from a parent of the student to exempt the student
4-10 from the program.
4-11 SECTION 5. This Act takes effect September 1, 1995.
4-12 SECTION 6. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.