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.