| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to gun storage and safety measures; creating a criminal |
|
|
offense; increasing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 46.13(b), (c), (d), and (g), Penal |
|
|
Code, are amended to read as follows: |
|
|
(b) A person commits an offense if: |
|
|
(1) [a child gains access to a readily dischargeable |
|
|
firearm and] the person, with criminal negligence: |
|
|
(A) fails [(1) failed] to secure a readily |
|
|
dischargeable [the] firearm; or |
|
|
(B) leaves a readily dischargeable [(2) left the] |
|
|
firearm in a place to which the person knew or should have known a |
|
|
[the] child would gain access; and |
|
|
(2) a child gains access to the firearm and: |
|
|
(A) brings the firearm: |
|
|
(i) in or on any real property owned by or |
|
|
rented or leased to a school, school board, or other governing body |
|
|
of a school; or |
|
|
(ii) on a school bus; or |
|
|
(B) discharges the firearm causing death or |
|
|
serious bodily injury to the child or another person. |
|
|
(c) It is an affirmative defense to prosecution under this |
|
|
section that the child's access to the firearm: |
|
|
(1) was supervised by a person older than 18 years of |
|
|
age and was for hunting, sporting, or other lawful purposes; |
|
|
(2) consisted of lawful defense by the child of people |
|
|
or real or personal property; |
|
|
(3) was gained by entering real or personal property, |
|
|
including a vehicle, in violation of this code; or |
|
|
(4) occurred during a time when the actor was engaged |
|
|
in an agricultural enterprise |
|
|
(d) An [Except as provided by Subsection (c), an] offense |
|
|
under this section is a Class A [C] misdemeanor except that an |
|
|
offense described by Subsection (b) (2) (B) is a felony of the third |
|
|
degree. |
|
|
(g) A dealer of firearms shall post in a conspicuous |
|
|
position on the premises where the dealer conducts business a sign |
|
|
that contains the following warning in block letters not less than |
|
|
one inch in height: |
|
|
"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED |
|
|
FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN |
|
|
ACCESS TO THE FIREARM. VIOLATION MAY RESULT IN CRIMINAL AND CIVIL |
|
|
LIABILITY." |
|
|
SECTION 2. Chapter 46, Penal Code, is amended by adding |
|
|
Section 46.16 to read as follows: |
|
|
Sec. 46.16. FAILURE TO REPORT STOLEN FIREARM. (a) A person |
|
|
commits an offense if the person: |
|
|
(1) owns a firearm that is subsequently stolen from |
|
|
the person; and |
|
|
(2) fails to report the theft to a peace officer or law |
|
|
enforcement agency on or before the 10th day after the date the |
|
|
person became aware the firearm was stolen. |
|
|
(b) An offense under this section is a Class C misdemeanor. |
|
|
(c) If conduct constituting an offense under this section |
|
|
also constitutes an offense under another section of this code, the |
|
|
actor may be prosecuted under either section or under both |
|
|
sections. |
|
|
SECTION 3. Section 46.13(e), Penal Code, is repealed. |
|
|
SECTION 4. The changes in law made by this article to |
|
|
Section 46.13, Penal Code, apply only to an offense committed on or |
|
|
after the effective date of this Act. An offense committed before |
|
|
the effective date of this Act is governed by the law in effect on |
|
|
the date the offense was committed, and the former law is continued |
|
|
in effect for that purpose. For purposes of this section, an |
|
|
offense was committed before the effective date of this Act if any |
|
|
element of the offense occurred before that date. |
|
|
SECTION 5. This Act takes effect September 1, 2023. |