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.