H.B. No. 44
1-1 AN ACT
1-2 relating to the creation of an offense to limit access by children
1-3 to certain firearms and to firearms safety education for
1-4 schoolchildren.
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 46.13 to read as follows:
1-8 Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In
1-9 this section:
1-10 (1) "Child" means a person younger than 17 years of
1-11 age.
1-12 (2) "Readily dischargeable firearm" means a firearm
1-13 that is loaded with ammunition, whether or not a round is in the
1-14 chamber.
1-15 (3) "Secure" means to take steps that a reasonable
1-16 person would take to prevent the access to a readily dischargeable
1-17 firearm by a child, including but not limited to placing a firearm
1-18 in a locked container or temporarily rendering the firearm
1-19 inoperable by a trigger lock or other means.
1-20 (b) A person commits an offense if a child gains access to a
1-21 readily dischargeable firearm and the person with criminal
1-22 negligence:
1-23 (1) failed to secure the firearm; or
1-24 (2) left the firearm in a place to which the person
2-1 knew or should have known the child would gain access.
2-2 (c) It is an affirmative defense to prosecution under this
2-3 section that the child's access to the firearm:
2-4 (1) was supervised by a person older than 18 years of
2-5 age and was for hunting, sporting, or other lawful purposes;
2-6 (2) consisted of lawful defense by the child of people
2-7 or property;
2-8 (3) was gained by entering property in violation of
2-9 this code; or
2-10 (4) occurred during a time when the actor was engaged
2-11 in an agricultural enterprise.
2-12 (d) Except as provided by Subsection (e), an offense under
2-13 this section is a Class C misdemeanor.
2-14 (e) An offense under this section is a Class A misdemeanor
2-15 if the child discharges the firearm and causes death or serious
2-16 bodily injury to himself or another person.
2-17 (f) A peace officer or other person may not arrest the actor
2-18 before the seventh day after the date on which the offense is
2-19 committed if:
2-20 (1) the actor is a member of the family, as defined by
2-21 Section 71.01, Family Code, of the child who discharged the
2-22 firearm; and
2-23 (2) the child in discharging the firearm caused the
2-24 death of or serious injury to the child.
2-25 (g) A dealer of firearms shall post in a conspicuous
2-26 position on the premises where the dealer conducts business a sign
2-27 that contains the following warning in block letters not less than
3-1 one inch in height:
3-2 "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN
3-3 UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY
3-4 TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."
3-5 SECTION 2. Article 42.12, Code of Criminal Procedure, is
3-6 amended by adding Section 13B to read as follows:
3-7 Sec. 13B. COMMUNITY SUPERVISION FOR MAKING A FIREARM
3-8 ACCESSIBLE TO A CHILD. (a) A court granting community supervision
3-9 to a defendant convicted of an offense under Section 46.13, Penal
3-10 Code, may require as a condition of community supervision that the
3-11 defendant:
3-12 (1) provide an appropriate public service activity
3-13 designated by the court; or
3-14 (2) attend a firearms safety course which meets or
3-15 exceeds the requirements set by the National Rifle Association as
3-16 of January 1, 1995, for a firearms safety course that requires not
3-17 more than 17 hours of instruction.
3-18 (b) The court shall require the defendant to pay the cost of
3-19 attending the firearms safety course under Subsection (a)(2).
3-20 SECTION 3. Subchapter D, Chapter 21, Education Code, is
3-21 amended by adding Section 21.118 to read as follows:
3-22 Sec. 21.118. FIREARMS SAFETY PROGRAM. (a) A school
3-23 district may, and is strongly encouraged to, provide or participate
3-24 in a firearms safety program for students in grades kindergarten
3-25 through 12. A school district that provides a firearms safety
3-26 program shall consult with a certified firearms instructor before
3-27 establishing the curriculum for the program.
4-1 (b) A school district may not require a student to
4-2 participate in a firearms safety program if the district receives
4-3 written notice from a parent of the student to exempt the student
4-4 from the program. A school district that provides or participates
4-5 in a firearms safety program may not permit a student participating
4-6 in the program, while the student is on district property, to
4-7 handle a readily dischargeable firearm.
4-8 (c) The firearms safety program will meet the standards of
4-9 the National Rifle Association Eddie Eagle Children's Gun Safety
4-10 Course.
4-11 SECTION 4. This Act takes effect September 1, 1995.
4-12 SECTION 5. 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.