By: Patterson S.B. No. 1144 A BILL TO BE ENTITLED AN ACT 1-1 relating to firearm safety; to limiting access by children to 1-2 firearms and to firearm safety education for schoolchildren; 1-3 providing penalties. 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 46.11 to read as follows: 1-7 Sec. 46.11. UNSAFE STORAGE OF FIREARM; CHILD ACCESS. 1-8 (a) In this section: 1-9 (1) "Child" means a person younger than 14 years of 1-10 age. 1-11 (2) "Readily dischargeable firearm" means a firearm 1-12 that is loaded with live ammunition. 1-13 (3) "To secure" means: 1-14 (A) to place in a locked container; 1-15 (B) to render temporarily inoperable by 1-16 unloading, engaging a trigger lock, disassembling, or other means; 1-17 (C) to place out of reach and view of a child; 1-18 or 1-19 (D) to take other steps that a reasonable person 1-20 could take to avoid knowingly providing a child access to a readily 1-21 dischargeable firearm. 1-22 (b) A person commits an offense if the person owns a readily 1-23 dischargeable firearm and a child gains access to the firearm and 2-1 discharges the firearm if: 2-2 (1) the person maintained or stored the firearm on 2-3 premises under the person's control; and 2-4 (2) the person knowingly, recklessly, and negligently: 2-5 (A) failed to secure the firearm; and 2-6 (B) left the firearm in a place where the person 2-7 knew a child could gain access and injure himself or another. 2-8 (c) It is an exception to the application of Subsection (b) 2-9 that: 2-10 (1) the child's access to the firearm was supervised 2-11 by a person older than 18 years of age and was for hunting, 2-12 sporting, or another lawful purpose; 2-13 (2) the child's access to the firearm was for the 2-14 purpose of lawful defense by the child of people or property; 2-15 (3) the child's access to the firearm was gained by 2-16 entering property in violation of this code or was gained by access 2-17 to property or a portion of property without the effective consent 2-18 of the person who had care, custody, or control of the property; or 2-19 (4) the child had received instruction or training in 2-20 the proper or safe storage or handling of a firearm. 2-21 (d) Except as provided by Subsection (e), an offense under 2-22 this section is a Class B misdemeanor. 2-23 (e) An offense under this section is a Class A misdemeanor 2-24 if the child discharges the firearm and causes bodily injury or 2-25 death to himself or another person. 3-1 (f) A peace officer or other person may not, before the 3-2 seventh day after the date on which the offense is committed, 3-3 arrest the actor if: 3-4 (1) the actor is a member of the family, as defined by 3-5 Section 71.01, Family Code, of the child who discharged the 3-6 firearm; and 3-7 (2) the child in discharging the firearm caused the 3-8 death of or serious bodily injury to the child. 3-9 SECTION 2. Subchapter D, Chapter 21, Education Code, is 3-10 amended by adding Section 21.118 to read as follows: 3-11 Sec. 21.118. FIREARM SAFETY PROGRAM. (a) A school district 3-12 may provide or participate in a firearm safety program for students 3-13 in kindergarten through grade 12. 3-14 (b) A school district may not require a student to 3-15 participate in a firearm safety program if the district receives 3-16 written notice from a parent of the student to exempt the student 3-17 from the program. 3-18 SECTION 3. The importance of this legislation and the 3-19 crowded condition of the calendars in both houses create an 3-20 emergency and an imperative public necessity that the 3-21 constitutional rule requiring bills to be read on three several 3-22 days in each house be suspended, and this rule is hereby suspended, 3-23 and that this Act take effect and be in force from and after its 3-24 passage, and it is so enacted.