By Jones of Dallas H.B. No. 652 74R228 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of the offense of improper storage of a 1-3 firearm and the civil liability of a person who negligently stores 1-4 a firearm. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. This Act may be cited as the Gun Safety Act. 1-7 SECTION 2. Chapter 46, Penal Code, is amended by adding 1-8 Section 46.11 to read as follows: 1-9 Sec. 46.11. IMPROPER STORAGE OF FIREARMS. (a) In this 1-10 section: 1-11 (1) "Child" means a person younger than 17 years of 1-12 age. 1-13 (2) "Secure" means: 1-14 (A) to place in a locked container; 1-15 (B) to render temporarily inoperable by a lock 1-16 or other means; or 1-17 (C) to take other steps that a reasonable person 1-18 would take to prevent the access to a firearm by a child. 1-19 (b) A person commits an offense if the person fails to 1-20 secure a firearm the person owns and a child gains access to the 1-21 firearm. 1-22 (c) It is an affirmative defense to prosecution under this 1-23 section that the child's access to the firearm: 1-24 (1) was supervised by a person older than 18 years of 2-1 age and was for hunting, sporting, or other lawful purposes; 2-2 (2) consisted of lawful defense by the child of people 2-3 or property; or 2-4 (3) was gained by entering property in violation of 2-5 this code. 2-6 (d) An offense under this section is a Class B misdemeanor. 2-7 SECTION 3. Section 16, Article 42.12, Code of Criminal 2-8 Procedure, is amended by adding Subsection (f) to read as follows: 2-9 (f) If the court grants community supervision to a defendant 2-10 convicted of an offense under Section 46.11, Penal Code, the court 2-11 shall order the defendant to work 1,000 hours at a community 2-12 service project or projects for an organization or organizations 2-13 named in the court's order. 2-14 SECTION 4. Title 4, Civil Practice and Remedies Code, is 2-15 amended by adding Chapter 83 to read as follows: 2-16 CHAPTER 83. LIABILITY FOR NEGLIGENT STORAGE OF FIREARMS 2-17 Sec. 83.01. LIABILITY FOR NEGLIGENT STORAGE OF 2-18 FIREARMS. (a) A person who owns or possesses a firearm and who 2-19 fails to secure the firearm is liable for property damage, personal 2-20 injury, and death proximately caused by the action of a child who 2-21 gains access to the firearm. 2-22 (b) In this section, the terms "child" and "secure" have the 2-23 meanings assigned by Section 46.11, Penal Code. 2-24 Sec. 83.02. LIMITATIONS ON LIABILITY. This chapter does not 2-25 apply to an action of a child whose access to the firearm: 2-26 (1) was supervised by a person older than 18 years of 2-27 age and was for hunting, sporting, or other lawful purpose; 3-1 (2) was for the lawful defense of people or property; 3-2 or 3-3 (3) was gained by entering property in violation of 3-4 provisions of the Penal Code. 3-5 SECTION 5. This Act takes effect September 1, 1995. 3-6 SECTION 6. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended.