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.