By Longoria                                             H.B. No. 76

      75R950 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to creating the offense of unlawful possession of certain

 1-3     firearms by a minor.

 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 46.021 to read as follows:

 1-7           Sec. 46.021.  UNLAWFUL POSSESSION OF CERTAIN FIREARMS BY

 1-8     MINOR.  (a)  In this section, "minor" means an individual who:

 1-9                 (1)  is younger than 17 years of age;

1-10                 (2)  is not married; and

1-11                 (3)  has not had the disabilities of minority removed.

1-12           (b)  A minor commits an offense if the minor possesses a

1-13     firearm other than a handgun.

1-14           (c)  It is an affirmative defense to prosecution under this

1-15     section that the actor was, at the time of the commission of the

1-16     offense:

1-17                 (1)  engaging in lawful hunting or other sporting

1-18     activity on the immediate premises where the activity is conducted,

1-19     or was directly en route between the premises and the actor's

1-20     residence, if a firearm is commonly used in the activity; or

1-21                 (2)  accompanied by a parent or legal guardian.

1-22           (d)  An offense under this section is a Class C misdemeanor.

1-23           SECTION 2.  This Act takes effect September 1, 1997.

1-24           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.