By: Ellis S.B. No. 466
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of offenses intended to limit access by
1-2 children to certain firearms and to firearms safety education for
1-3 schoolchildren.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 46, Penal Code, is amended by adding
1-6 Section 46.071 to read as follows:
1-7 Sec. 46.071. REQUIREMENTS FOR TRANSFER OF FIREARMS BY
1-8 DEALERS. (a) A dealer of firearms commits an offense if the
1-9 dealer sells, rents, leases, loans, or gives a firearm to a person
1-10 and does not offer to sell, rent, lease, loan, or give to the
1-11 person a trigger lock or similar device intended to prevent the
1-12 accidental discharge of the firearm.
1-13 (b) A dealer of firearms commits an offense if the dealer
1-14 fails to post in a conspicuous position on the premises where the
1-15 dealer conducts business a sign that contains the following warning
1-16 in block letters not less than one inch in height:
1-17 "YOU MAY BE PROSECUTED IF A CHILD GAINS
1-18 ACCESS TO YOUR UNSECURED FIREARM."
1-19 (c) An offense under this section is a Class C misdemeanor.
1-20 (d) It is a defense to prosecution under Subsection (a) that
1-21 the person to whom the firearm was transferred signed a form
1-22 provided by the dealer, printed on the sales receipt or lease or
1-23 rental agreement or printed as a document separate from the receipt
1-24 or agreement, and containing the following disclosure: "I
2-1 acknowledge that I have been advised of the availability of a
2-2 trigger lock or other device intended to prevent accidental
2-3 discharge."
2-4 (e) In this section, "dealer of firearms" means a person
2-5 licensed as a firearms dealer under Chapter 44, Title 18, United
2-6 States Code.
2-7 SECTION 2. Chapter 46, Penal Code, is amended by adding
2-8 Section 46.13 to read as follows:
2-9 Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In
2-10 this section:
2-11 (1) "Child" means a person younger than 17 years of
2-12 age.
2-13 (2) "Secure" means:
2-14 (A) to place in a locked container;
2-15 (B) to render temporarily inoperable by a
2-16 trigger lock or other means; or
2-17 (C) to take other steps that a reasonable person
2-18 would take to prevent the access to a readily dischargeable firearm
2-19 by a child.
2-20 (b) A person commits an offense if a child gains access to a
2-21 firearm and the person with criminal negligence:
2-22 (1) failed to secure the firearm; or
2-23 (2) left the firearm in a place to which the person
2-24 knew or should have known the child would gain access.
2-25 (c) It is an affirmative defense to prosecution under this
2-26 section that the child's access to the firearm:
2-27 (1) was supervised by a person older than 18 years of
3-1 age and was for hunting, sporting, or other lawful purposes;
3-2 (2) consisted of lawful defense by the child of people
3-3 or property; or
3-4 (3) was gained by entering property in violation of
3-5 this code.
3-6 (d) Except as provided by Subsection (e), an offense under
3-7 this section is a Class A misdemeanor.
3-8 (e) An offense under this section is a felony of the third
3-9 degree if the child discharges the firearm and causes death or
3-10 serious bodily injury to himself or another person.
3-11 SECTION 3. Article 42.12, Code of Criminal Procedure, is
3-12 amended by adding Section 13B to read as follows:
3-13 Sec. 13B. COMMUNITY SUPERVISION FOR MAKING A FIREARM
3-14 ACCESSIBLE TO A CHILD. (a) A court granting community supervision
3-15 to a defendant convicted of an offense under Section 46.13, Penal
3-16 Code, may require as a condition of community supervision that the
3-17 defendant:
3-18 (1) provide 100 hours of public service in a local
3-19 hospital trauma unit or other appropriate public service activity
3-20 designated by the court; or
3-21 (2) attend a firearms safety course approved by the
3-22 National Rifle Association.
3-23 (b) The court shall require the defendant to pay the cost of
3-24 attending the firearms safety course under Subsection (a)(2).
3-25 SECTION 4. Subchapter D, Chapter 21, Education Code, is
3-26 amended by adding Section 21.118 to read as follows:
3-27 Sec. 21.118. FIREARMS SAFETY PROGRAM. (a) A school
4-1 district may, and is strongly encouraged to, provide or participate
4-2 in a firearms safety program for students in grades kindergarten
4-3 through 12.
4-4 (b) A school district may not require a student to
4-5 participate in a firearms safety program if the district receives
4-6 written notice from a parent of the student to exempt the student
4-7 from the program.
4-8 SECTION 5. This Act takes effect September 1, 1995.
4-9 SECTION 6. The importance of this legislation and the
4-10 crowded condition of the calendars in both houses create an
4-11 emergency and an imperative public necessity that the
4-12 constitutional rule requiring bills to be read on three several
4-13 days in each house be suspended, and this rule is hereby suspended.