By Edwards, Greenberg, Jones of Dallas H.B. No. 44 74R365 GWK-D 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 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 46.071 to read as follows: 1-8 Sec. 46.071. 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 accidental discharge of the firearm. 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 "YOU MAY BE PROSECUTED IF A CHILD GAINS 1-19 ACCESS TO YOUR UNSECURED FIREARM." 1-20 (c) An offense under this section is a Class C misdemeanor. 1-21 (d) It is a defense to prosecution under Subsection (a) that 1-22 the person to whom the firearm was transferred signed a form 1-23 provided by the dealer, printed on the sales receipt or lease or 1-24 rental agreement or printed as a document separate from the receipt 2-1 or agreement, and containing the following disclosure: "I 2-2 acknowledge that I have been advised of the availability of a 2-3 trigger lock or other device intended to prevent accidental 2-4 discharge." 2-5 (e) In this section, "dealer of firearms" means a person 2-6 licensed as a firearms dealer under Chapter 44, Title 18, United 2-7 States Code. 2-8 SECTION 2. Chapter 46, Penal Code, is amended by adding 2-9 Section 46.13 to read as follows: 2-10 Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In 2-11 this section: 2-12 (1) "Child" means a person younger than 17 years of 2-13 age. 2-14 (2) "Secure" means: 2-15 (A) to place in a locked container; 2-16 (B) to render temporarily inoperable by a 2-17 trigger lock or other means; or 2-18 (C) to take other steps that a reasonable person 2-19 would take to prevent the access to a readily dischargeable firearm 2-20 by a child. 2-21 (b) A person commits an offense if a child gains access to a 2-22 firearm and the person with criminal negligence: 2-23 (1) failed to secure the firearm; or 2-24 (2) left the firearm in a place to which the person 2-25 knew or should have known the child would gain access. 2-26 (c) It is an affirmative defense to prosecution under this 2-27 section that the child's access to the firearm: 3-1 (1) was supervised by a person older than 18 years of 3-2 age and was for hunting, sporting, or other lawful purposes; 3-3 (2) consisted of lawful defense by the child of people 3-4 or property; or 3-5 (3) was gained by entering property in violation of 3-6 this code. 3-7 (d) Except as provided by Subsection (e), an offense under 3-8 this section is a Class A misdemeanor. 3-9 (e) An offense under this section is a felony of the third 3-10 degree if the child discharges the firearm and causes death or 3-11 serious bodily injury to himself or another person. 3-12 SECTION 3. Article 42.12, Code of Criminal Procedure, is 3-13 amended by adding Section 13B to read as follows: 3-14 Sec. 13B. COMMUNITY SUPERVISION FOR MAKING A FIREARM 3-15 ACCESSIBLE TO A CHILD. (a) A court granting community supervision 3-16 to a defendant convicted of an offense under Section 46.13, Penal 3-17 Code, may require as a condition of community supervision that the 3-18 defendant: 3-19 (1) provide 100 hours of public service in a local 3-20 hospital trauma unit or other appropriate public service activity 3-21 designated by the court; or 3-22 (2) attend a firearms safety course approved by the 3-23 National Rifle Association. 3-24 (b) The court shall require the defendant to pay the cost of 3-25 attending the firearms safety course under Subsection (a)(2). 3-26 SECTION 4. Subchapter D, Chapter 21, Education Code, is 3-27 amended by adding Section 21.118 to read as follows: 4-1 Sec. 21.118. FIREARMS SAFETY PROGRAM. (a) A school 4-2 district may, and is strongly encouraged to, provide or participate 4-3 in a firearms safety program for students in grades kindergarten 4-4 through 12. 4-5 (b) A school district may not require a student to 4-6 participate in a firearms safety program if the district receives 4-7 written notice from a parent of the student to exempt the student 4-8 from the program. 4-9 SECTION 5. This Act takes effect September 1, 1995. 4-10 SECTION 6. The importance of this legislation and the 4-11 crowded condition of the calendars in both houses create an 4-12 emergency and an imperative public necessity that the 4-13 constitutional rule requiring bills to be read on three several 4-14 days in each house be suspended, and this rule is hereby suspended.