77R10291 GWK-D                           
         By Flores                                             H.B. No. 1796
         Substitute the following for H.B. No. 1796:
         By Hinojosa                                       C.S.H.B. No. 1796
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for the offense of making a firearm
 1-3     accessible to a child.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 46.13(d) and (e), Penal Code, are amended
 1-6     to read as follows:
 1-7           (d)  Except as provided by Subsection (e), an offense under
 1-8     this section is a Class A [C] misdemeanor.
 1-9           (e)  An offense under this section is a state jail felony
1-10     [Class A misdemeanor] if the child discharges the firearm and
1-11     causes death or serious bodily injury to himself or another person.
1-12           SECTION 2. (a)  The change in law made by this Act applies
1-13     only to an offense committed on or after the effective date of this
1-14     Act.  For purposes of this section, an offense is committed before
1-15     the effective date of this Act if any element of the offense occurs
1-16     before the effective date.
1-17           (b)  An offense committed before the effective date of this
1-18     Act is covered by the law in effect when the offense was committed,
1-19     and the former law is continued in effect for that purpose.
1-20           SECTION 3. This Act takes effect September 1, 2001.