74R7984 E
          By Edwards, Greenberg, Jones of Dallas, et al.          H.B. No. 44
          Substitute the following for H.B. No. 44:
          By Bailey                                           C.S.H.B. No. 44
                                 A BILL TO BE ENTITLED
    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:
   1-16                    (A)  to place in a locked container;
   1-17                    (B)  to render temporarily inoperable by a
   1-18  trigger lock or other means; or
   1-19                    (C)  to take other steps that a reasonable person
   1-20  would take to prevent the access to a readily dischargeable firearm
   1-21  by a child.
   1-22        (b)  A person commits an offense if a child gains access to a
   1-23  firearm and the person with criminal negligence:
   1-24              (1)  failed to secure the firearm; or
    2-1              (2)  left the firearm in a place to which the person
    2-2  knew or should have known the child would gain access.
    2-3        (c)  It is an affirmative defense to prosecution under this
    2-4  section that the child's access to the firearm:
    2-5              (1)  was supervised by a person older than 18 years of
    2-6  age and was for hunting, sporting, or other lawful purposes;
    2-7              (2)  consisted of lawful defense by the child of people
    2-8  or property; or
    2-9              (3)  was gained by entering property in violation of
   2-10  this code.
   2-11        (d)  Except as provided by Subsection (e), an offense under
   2-12  this section is a Class B misdemeanor.
   2-13        (e)  An offense under this section is a Class A misdemeanor
   2-14  if the child discharges the firearm and causes death or serious
   2-15  bodily injury to himself or another person.
   2-16        (f)  A peace officer or other person may not arrest the actor
   2-17  before the seventh day after the date on which the offense is
   2-18  committed if:
   2-19              (1)  the actor is a member of the family, as defined by
   2-20  Section 71.01, Family Code, of the child who discharged the
   2-21  firearm; and
   2-22              (2)  the child in discharging the firearm caused the
   2-23  death of or serious injury to the child.
   2-24        (g)  A dealer of firearms shall post in a conspicuous
   2-25  position on the premises where the dealer conducts business a sign
   2-26  that contains the following warning in block letters not less than
   2-27  one inch in height:
    3-1        "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN
    3-2        UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY
    3-3        TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."
    3-4        SECTION 2.  Article 42.12, Code of Criminal Procedure, is
    3-5  amended by adding Section 13B to read as follows:
    3-6        Sec. 13B.  COMMUNITY SUPERVISION FOR MAKING A FIREARM
    3-7  ACCESSIBLE TO A CHILD.  (a)  A court granting community supervision
    3-8  to a defendant convicted of an offense under Section 46.13, Penal
    3-9  Code, may require as a condition of community supervision that the
   3-10  defendant:
   3-11              (1)  provide public service in a local hospital trauma
   3-12  unit or other appropriate public service activity designated by the
   3-13  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.
   3-26        (b)  A school district may not require a student to
   3-27  participate in a firearms safety program if the district receives
    4-1  written notice from a parent of the student to exempt the student
    4-2  from the program.
    4-3        SECTION 4.  This Act takes effect September 1, 1995.
    4-4        SECTION 5.  The importance of this legislation and the
    4-5  crowded condition of the calendars in both houses create an
    4-6  emergency   and   an   imperative   public   necessity   that   the
    4-7  constitutional rule requiring bills to be read on three several
    4-8  days in each house be suspended, and this rule is hereby suspended.