By Bernsen                                             S.B. No. 259
         77R2741 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the offense of making a firearm accessible to a child.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 46.13, Penal Code, is amended by amending
 1-5     Subsection (c), adding a new Subsection (d), and redesignating
 1-6     current Subsections (d), (e), (f), and (g) as Subsections (e), (f),
 1-7     (g), and (h), respectively, to read as follows:
 1-8           (c)  It is a [an affirmative] defense to prosecution under
 1-9     this section that the child's access to the firearm:
1-10                 (1)  was supervised by a person older than 16 [18]
1-11     years of age [and was for hunting, sporting, or other lawful
1-12     purposes];
1-13                 (2)  consisted of lawful defense by the child of people
1-14     or property;
1-15                 (3)  was gained by entering property in violation of
1-16     this code; or
1-17                 (4)  occurred during a time when the actor was engaged
1-18     in an agricultural enterprise.
1-19           (d)  It is an exception to the application of this section
1-20     that the firearm:
1-21                 (1)  is a rifle or shotgun;
1-22                 (2)  is the property of the child; and
1-23                 (3)  was acquired with the consent of a parent or
1-24     guardian for hunting, sporting, or another lawful purpose.
 2-1           (e)  Except as provided by Subsection (f) [(e)], an offense
 2-2     under this section is a Class C misdemeanor.
 2-3           (f) [(e)]  An offense under this section is a Class A
 2-4     misdemeanor if the child discharges the firearm and causes death or
 2-5     serious bodily injury to himself or another person.
 2-6           (g) [(f)]  A peace officer or other person may not arrest the
 2-7     actor before the seventh day after the date on which the offense is
 2-8     committed if:
 2-9                 (1)  the actor is a member of the family, as defined by
2-10     Section 71.003, Family Code, of the child who discharged the
2-11     firearm; and
2-12                 (2)  the child in discharging the firearm caused the
2-13     death of or serious injury to the child.
2-14           (h) [(g)]  A dealer of firearms shall post in a conspicuous
2-15     position on the premises where the dealer conducts business a sign
2-16     that contains the following warning in block letters not less than
2-17     one inch in height:
2-18           "IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN
2-19           UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY
2-20           TO BE AND CAN OBTAIN ACCESS TO THE FIREARM."
2-21           SECTION 2.  This Act takes effect September 1, 2001, and
2-22     applies only to an offense committed on or after that date. An
2-23     offense committed before the effective date of this Act is covered
2-24     by the law in effect when the offense was committed, and the former
2-25     law is continued in effect for that purpose. For purposes of this
2-26     section, an offense was committed before the effective date of this
2-27     Act if any element of the offense occurred before that date.