1-1 By: Edwards, et al. (Senate Sponsor - Patterson) H.B. No. 44
1-2 (In the Senate - Received from the House April 3, 1995;
1-3 April 6, 1995, read first time and referred to Committee on
1-4 Criminal Justice; April 28, 1995, reported favorably by the
1-5 following vote: Yeas 5, Nays 0; April 28, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation of an offense to limit access by children
1-9 to certain firearms and to firearms safety education for
1-10 schoolchildren.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 46, Penal Code, is amended by adding
1-13 Section 46.13 to read as follows:
1-14 Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In
1-15 this section:
1-16 (1) "Child" means a person younger than 17 years of
1-17 age.
1-18 (2) "Readily dischargeable firearm" means a firearm
1-19 that is loaded with ammunition, whether or not a round is in the
1-20 chamber.
1-21 (3) "Secure" means to take steps that a reasonable
1-22 person would take to prevent the access to a readily dischargeable
1-23 firearm by a child, including but not limited to placing a firearm
1-24 in a locked container or temporarily rendering the firearm
1-25 inoperable by a trigger lock or other means.
1-26 (b) A person commits an offense if a child gains access to a
1-27 readily dischargeable firearm and the person with criminal
1-28 negligence:
1-29 (1) failed to secure the firearm; or
1-30 (2) left the firearm in a place to which the person
1-31 knew or should have known the child would gain access.
1-32 (c) It is an affirmative defense to prosecution under this
1-33 section that the child's access to the firearm:
1-34 (1) was supervised by a person older than 18 years of
1-35 age and was for hunting, sporting, or other lawful purposes;
1-36 (2) consisted of lawful defense by the child of people
1-37 or property;
1-38 (3) was gained by entering property in violation of
1-39 this code; or
1-40 (4) occurred during a time when the actor was engaged
1-41 in an agricultural enterprise.
1-42 (d) Except as provided by Subsection (e), an offense under
1-43 this section is a Class C misdemeanor.
1-44 (e) An offense under this section is a Class A misdemeanor
1-45 if the child discharges the firearm and causes death or serious
1-46 bodily injury to himself or another person.
1-47 (f) A peace officer or other person may not arrest the actor
1-48 before the seventh day after the date on which the offense is
1-49 committed if:
1-50 (1) the actor is a member of the family, as defined by
1-51 Section 71.01, Family Code, of the child who discharged the
1-52 firearm; and
1-53 (2) the child in discharging the firearm caused the
1-54 death of or serious injury to the child.
1-55 (g) A dealer of firearms shall post in a conspicuous
1-56 position on the premises where the dealer conducts business a sign
1-57 that contains the following warning in block letters not less than
1-58 one inch in height:
1-59 "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN
1-60 UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY
1-61 TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."
1-62 SECTION 2. Article 42.12, Code of Criminal Procedure, is
1-63 amended by adding Section 13B to read as follows:
1-64 Sec. 13B. COMMUNITY SUPERVISION FOR MAKING A FIREARM
1-65 ACCESSIBLE TO A CHILD. (a) A court granting community supervision
1-66 to a defendant convicted of an offense under Section 46.13, Penal
1-67 Code, may require as a condition of community supervision that the
1-68 defendant:
2-1 (1) provide an appropriate public service activity
2-2 designated by the court; or
2-3 (2) attend a firearms safety course which meets or
2-4 exceeds the requirements set by the National Rifle Association as
2-5 of January 1, 1995, for a firearms safety course that requires not
2-6 more than 17 hours of instruction.
2-7 (b) The court shall require the defendant to pay the cost of
2-8 attending the firearms safety course under Subsection (a)(2).
2-9 SECTION 3. Subchapter D, Chapter 21, Education Code, is
2-10 amended by adding Section 21.118 to read as follows:
2-11 Sec. 21.118. FIREARMS SAFETY PROGRAM. (a) A school
2-12 district may, and is strongly encouraged to, provide or participate
2-13 in a firearms safety program for students in grades kindergarten
2-14 through 12. A school district that provides a firearms safety
2-15 program shall consult with a certified firearms instructor before
2-16 establishing the curriculum for the program.
2-17 (b) A school district may not require a student to
2-18 participate in a firearms safety program if the district receives
2-19 written notice from a parent of the student to exempt the student
2-20 from the program. A school district that provides or participates
2-21 in a firearms safety program may not permit a student participating
2-22 in the program, while the student is on district property, to
2-23 handle a readily dischargeable firearm.
2-24 (c) The firearms safety program will meet the standards of
2-25 the National Rifle Association Eddie Eagle Children's Gun Safety
2-26 Course.
2-27 SECTION 4. This Act takes effect September 1, 1995.
2-28 SECTION 5. The importance of this legislation and the
2-29 crowded condition of the calendars in both houses create an
2-30 emergency and an imperative public necessity that the
2-31 constitutional rule requiring bills to be read on three several
2-32 days in each house be suspended, and this rule is hereby suspended.
2-33 * * * * *