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.