By Giddings                                           H.B. No. 1332
         77R3435 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the offense of unlawful possession of a
 1-3     handgun by an underage person and the criminal prosecution of
 1-4     certain weapons offenses involving underage persons.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 46, Penal Code, is amended by adding
 1-7     Section 46.021 to read as follows:
 1-8           Sec. 46.021.  UNLAWFUL POSSESSION OF HANDGUN BY UNDERAGE
 1-9     PERSON.  (a)  A person commits an offense if the person is younger
1-10     than 21 years of age and possesses a handgun.
1-11           (b)  An offense under this section is a Class A misdemeanor. 
1-12           SECTION 2. Sections 46.06(a) and (c), Penal Code, are amended
1-13     to read as follows:
1-14           (a)  A person commits an offense if the person:
1-15                 (1)  sells, rents, leases, loans, or gives a handgun to
1-16     any person knowing that the person to whom the handgun is to be
1-17     delivered intends to use it unlawfully or in the commission of an
1-18     unlawful act;
1-19                 (2)  with criminal negligence [intentionally or
1-20     knowingly] sells, rents, leases, or gives or offers to sell, rent,
1-21     lease, or give a [to any child younger than 18 years any] firearm,
1-22     club, or illegal knife to a person who:
1-23                       (A)  is younger than 18 years of age or, if the
1-24     weapon that is the subject of the offense is a handgun, younger
 2-1     than 21 years of age; or
 2-2                       (B)  the actor knows or should know intends to
 2-3     deliver the firearm, club, or illegal knife to a person who is
 2-4     younger than 18 years of age or, if the weapon that is the subject
 2-5     of the offense is a handgun, younger than 21 years of age;
 2-6                 (3)  intentionally, knowingly, or recklessly sells a
 2-7     firearm or ammunition for a firearm to any person who is
 2-8     intoxicated;
 2-9                 (4)  knowingly sells a firearm or ammunition for a
2-10     firearm to any person who has been convicted of a felony before the
2-11     fifth anniversary of the later of the following dates:
2-12                       (A)  the person's release from confinement
2-13     following conviction of the felony; or
2-14                       (B)  the person's release from supervision under
2-15     community supervision, parole, or mandatory supervision following
2-16     conviction of the felony;
2-17                 (5)  sells, rents, leases, loans, or gives a handgun to
2-18     any person knowing that an active protective order is directed to
2-19     the person to whom the handgun is to be delivered; or
2-20                 (6)  knowingly purchases, rents, leases, or receives as
2-21     a loan or gift from another a handgun while an active protective
2-22     order is directed to the actor.
2-23           (c)  It is an affirmative defense to prosecution under
2-24     Subsection (a)(2) that the transfer was to:
2-25                 (1)  a person:
2-26                       (A)  [minor] whose parent or another [the person]
2-27     having legal custody of the person [minor] had given written
 3-1     permission for the sale; or
 3-2                       (B)  [,] if the transfer was other than a sale,
 3-3     whose [the] parent or another [person] having legal custody of the
 3-4     person had given effective consent to the transfer; or
 3-5                 (2)  a parent or another having legal custody of the
 3-6     person for whom the weapon is purchased, rented, leased, or
 3-7     accepted.
 3-8           SECTION 3. (a)  The change in law made by this Act applies
 3-9     only to an offense committed on or after the effective date of this
3-10     Act.  For purposes of this section, an offense is committed before
3-11     the effective date of this Act if any element of the offense occurs
3-12     before that date.
3-13           (b)  An offense committed before the effective date of this
3-14     Act is covered by the law in effect when the offense was committed,
3-15     and the former law is continued in effect for that purpose.
3-16           SECTION 4. This Act takes effect September 1, 2001.