By: Gutierrez	S.B. No. 1712

	A BILL TO BE ENTITLED
	AN ACT
	relating to gun storage; creating an offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.13, Penal Code, is amended by to read
	as follows:
	Sec. 46.13.  MAKING A FIREARM ACCESSIBLE TO A [CHILD] YOUNG
	ADULT. (a) In this section:
	(1)  "[Child] Young adult" means a person younger than
	[17] 21 years of age.
	(2)  "Readily dischargeable firearm" means a firearm
	that is loaded with ammunition, whether or not a round is in the
	chamber.
	(3)  "Secure" means to take steps that a reasonable
	person would take to prevent the access to a readily dischargeable
	firearm by a [child] young adult, including but not limited to
	placing a firearm in a locked container or temporarily rendering
	the firearm inoperable by a trigger lock or other means.
	(b)  A person commits an offense if a [child] young adult
	gains access to a readily dischargeable firearm and the person with
	criminal negligence:
	(1)  failed to secure the firearm; or
	(2)  left the firearm in a place to which the person
	knew or should have known the [child] young adult would gain access.
	(c)  It is an affirmative defense to prosecution under this
	section that the [child's] young adult's access to the firearm:
	(1)  was supervised by a person older than [18]21 years
	of age and was for hunting, sporting, or other lawful purposes;
	(2)  consisted of lawful defense by the [child] young
	adult of people or property;
	(3)  was gained by entering property in violation of
	this code; or
	(4)  occurred during a time when the actor was engaged
	in an agricultural enterprise.
	(d)  Except as provided by Subsection (e), an offense under
	this section is a Class C misdemeanor.
	(e)  An offense under this section is a Class A misdemeanor
	if the [child] young adult discharges the firearm and causes death
	or serious bodily injury to himself or another person.
	(f)  A peace officer or other person may not arrest the actor
	before the seventh day after the date on which the offense is
	committed if:
	(1)  the actor is a member of the family, as defined by
	Section 71.003, Family Code, of the [child] young adult who
	discharged the firearm; and
	(2)  the [child]young adult in discharging the firearm
	caused the death of or serious injury to the [child]young adult.
	(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] YOUNG ADULTS ARE LIKELY TO BE
	AND CAN OBTAIN ACCESS TO THE FIREARM."
	SECTION 2.  Section 46.13, Penal Code, as amended 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
	committedbefore the effective date of this Act if any element of the
	offense occurred before that date.