By Lewis of Tarrant                                    H.B. No. 446
         77R1721 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution and punishment of certain offenses
 1-3     involving breaches of firearm safety.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 46.13(a) and (d), Penal Code, are
 1-6     amended to read as follows:
 1-7           (a)  In this section:
 1-8                 (1)  "Child" means a person younger than 17 years of
 1-9     age.
1-10                 (2)  "Readily dischargeable firearm" means a firearm
1-11     that is loaded with ammunition, whether or not a round is in the
1-12     chamber.
1-13                 (3)  "Secure" means to place [take steps that a
1-14     reasonable person would take to prevent the access to a readily
1-15     dischargeable firearm by a child, including but not limited to
1-16     placing] a firearm in a locked container or temporarily render
1-17     [rendering] the firearm inoperable by a trigger lock or similar
1-18     device [other means].
1-19           (d)  Except as provided by Subsection (e), an offense under
1-20     this section is a Class B [C] misdemeanor.
1-21           SECTION 2.  Chapter 46, Penal Code, is amended by adding
1-22     Section 46.14 to read as follows:
1-23           Sec. 46.14.  STORAGE OR TRANSFER OF UNSAFE FIREARM.  (a)  In
1-24     this section, "dealer of firearms" means a person licensed as a
 2-1     firearms dealer under 18 U.S.C. Section 923.
 2-2           (b)  A person commits an offense if with criminal negligence
 2-3     the person stores or keeps a firearm in a place other than in a
 2-4     locked container and fails to equip the firearm with a properly
 2-5     engaged trigger lock or similar device intended to prevent the
 2-6     accidental discharge of the firearm.  For purposes of this
 2-7     subsection, a firearm is not considered stored or kept while the
 2-8     firearm is carried by the owner or other legally authorized user.
 2-9           (c)  A dealer of firearms commits an offense if the dealer
2-10     sells, rents, leases, loans, or gives a firearm to a person and
2-11     does not sell, rent, lease, loan, or give to the person a trigger
2-12     lock or similar device intended to prevent the accidental discharge
2-13     of the firearm.
2-14           (d)  An offense under this section is a Class C misdemeanor. 
2-15           SECTION 3.  (a)  The change in law made by this Act applies
2-16     only to an offense committed on or after the effective date of this
2-17     Act.  For purposes of this section, an offense is committed before
2-18     the effective date of this Act if any element of the offense occurs
2-19     before that date.
2-20           (b)  An offense committed before the effective date of this
2-21     Act is covered by the law in effect when the offense was committed,
2-22     and the former law is continued in effect for that purpose.
2-23           SECTION 4.  This Act takes effect September 1, 2001.