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.