By: Gutierrez S.B. No. 1740
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  Relating to gun safety; creating an offense; increasing a criminal
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 46, Penal Code, is amended by adding new
  Sections 46.16, 46.17, and 46.18 to read as follows:
         Sec. 46.16.  UNLAWFUL GUN STORAGE. (a) It is an offense for
  a person to store a firearm, whether loaded or unloaded, or firearm
  ammunition, in a motor vehicle or boat while the person is not in
  the motor vehicle or watercraft unless the firearm or firearm
  ammunition is kept from ordinary observation and locked within the
  trunk, utility or glove box, or a locked container securely affixed
  to the motor vehicle or boat.
         (b)  As used in this subsection (a): 
               (1)  "watercraft" has the same meaning as defined in
  Section 46.02 (a-3); (
               (2)  "trunk" means the fully enclosed and locked main
  storage compartment of a motor vehicle that is not accessible from
  the passenger compartment, but does not include any compartment
  that has a window, the bed of a pickup truck, or the rear area of a
  hatchback, station wagon-type motor vehicle, or sport utility motor
  vehicle.
         (c)  A violation of this subsection (a) is a Class C
  misdemeanor punishable only by the completion of a court-approved
  firearm safety course.
         Sec. 46.17.  REPORT OF GUN THEFT. (a) A person who owns a
  firearm shall report the loss or theft of the firearm to a law
  enforcement agency with jurisdiction over the location where the
  firearm was lost or stolen within twenty-four hours of the
  discovery of the loss or theft.
         (b)  A violation of this section is a Class C misdemeanor
  punishable only by the completion of a court-approved firearm
  safety course.
         Sec. 46.18.  REQUIRED SIGNAGE FOR GUN DEALERS. (a) 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:
         "WARNING: Access to a weapon or firearm in the home
  significantly increases the risk of suicide, homicide, death during
  domestic disputes and unintentional deaths to children, household
  members, and others. If you or loved one is experiencing distress
  and/or depression, call the National Suicide Hotline at 988."
         (b)  A dealer of firearms shall post in a conspicuous
  position on the premises where the dealer conducts business a sign
  that contains the following in block letters not less than one inch
  in height:
         "The sale, storage, use of firearm safety equipment is tax
  free. This includes, a gun lock box, gun safe, barrel lock, trigger
  lock, firearm safety training manual or electronic publication, or
  other item designed to ensure safe handling or storage of a
  firearm."
         SECTION 2.  Chapter 411, Government Code, is amended by
  adding new Subchapter L-3 to read as follows:
  SUBCHAPTER L-3. TEXAS FIREARM SAFETY WARNINGS
         Sec. 411.3801.  DEVELOPMENT AND IMPLEMENTATION OF WARNING
  SYSTEM. With the cooperation of the Texas Department of
  Transportation, the office of the governor, and other appropriate
  law enforcement agencies in this state, the department shall
  develop and implement a firearm safety system to be activated at
  regular intervals to publicize firearm safety and storage policies
  and advice.
         SECTION 3.  Chapter 161, Health and Safety Code, is amended
  by adding new Section 161.045 to read as follows:
         Sec. 161.045.  REQUIRED GUN SAFETY INFORMATION. A physician
  facility shall provide to every patient firearm safety and firearm
  storage information. 
         SECTION 4.  The change in law made by this Act applies 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.