By Longoria                                            H.B. No. 209
         77R966 KEL-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, 2001.