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