By Flores                                             H.B. No. 1796
         77R1516 GWK-D                           
                                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 state jail felony [Class C misdemeanor].
 1-9           (e)  An offense under this section is a felony of the third
1-10     degree [Class A misdemeanor] if the child discharges the firearm
1-11     and causes death or serious bodily injury to himself or another
1-12     person.
1-13           SECTION 2. (a)  The change in law made by this Act applies
1-14     only to an offense committed on or after the effective date of this
1-15     Act.  For purposes of this section, an offense is committed before
1-16     the effective date of this Act if any element of the offense occurs
1-17     before the effective date.
1-18           (b)  An offense committed before the effective date of this
1-19     Act is covered by the law in effect when the offense was committed,
1-20     and the former law is continued in effect for that purpose.
1-21           SECTION 3. This Act takes effect September 1, 2001.