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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal offense of making a firearm accessible to a |
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child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 46.13(a), (b), and (c), Penal Code, are |
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amended to read as follows: |
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(a) In this section: |
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(1) "Child" means a person younger than 18 [17] years |
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of age. |
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(2) ["Readily dischargeable firearm" means a firearm |
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that is loaded with ammunition, whether or not a round is in the |
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chamber. |
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[(3)] "Secure" means to: |
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(A) render a firearm inaccessible or unusable to |
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any person other than the owner by storing the [take steps that a |
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reasonable person would take to prevent the access to a readily |
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dischargeable firearm by a child, including but not limited to |
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placing a] firearm, unloaded, in a locked container that is |
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properly sealed; or |
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(B) temporarily render a [rendering the] firearm |
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inoperable by a trigger lock or other means. |
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(b) A person commits an offense if a child gains access to a |
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[readily dischargeable] firearm and the person with criminal |
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negligence: |
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(1) failed to secure the firearm; or |
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(2) left the firearm in a place to which the person |
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knew or should have known the child would gain access. |
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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 |
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people or property; |
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[(3)] was gained as a result of any person [by] |
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entering property in violation of this code; or |
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(3) [(4)] occurred during a time when the actor was |
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engaged in an agricultural enterprise. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2025. |