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.