TITLE: Relating to gun storage and safety measures; creating a criminal offense; increasing a criminal penalty.

SUMMARY: Relating to gun storage and safety measures; creating a criminal offense; increasing a criminal penalty.

FULL TEXT:
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 Cmisdemeanor. (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.