| 1 | 1 | | By: Gutierrez S.B. No. 1740 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | Relating to gun safety; creating an offense; increasing a criminal |
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| 7 | 7 | | penalty. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 46, Penal Code, is amended by adding new |
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| 10 | 10 | | Sections 46.16, 46.17, and 46.18 to read as follows: |
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| 11 | 11 | | Sec. 46.16. UNLAWFUL GUN STORAGE. (a) It is an offense for |
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| 12 | 12 | | a person to store a firearm, whether loaded or unloaded, or firearm |
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| 13 | 13 | | ammunition, in a motor vehicle or boat while the person is not in |
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| 14 | 14 | | the motor vehicle or watercraft unless the firearm or firearm |
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| 15 | 15 | | ammunition is kept from ordinary observation and locked within the |
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| 16 | 16 | | trunk, utility or glove box, or a locked container securely affixed |
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| 17 | 17 | | to the motor vehicle or boat. |
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| 18 | 18 | | (b) As used in this subsection (a): |
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| 19 | 19 | | (1) "watercraft" has the same meaning as defined in |
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| 20 | 20 | | Section 46.02 (a-3); ( |
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| 21 | 21 | | (2) "trunk" means the fully enclosed and locked main |
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| 22 | 22 | | storage compartment of a motor vehicle that is not accessible from |
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| 23 | 23 | | the passenger compartment, but does not include any compartment |
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| 24 | 24 | | that has a window, the bed of a pickup truck, or the rear area of a |
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| 25 | 25 | | hatchback, station wagon-type motor vehicle, or sport utility motor |
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| 26 | 26 | | vehicle. |
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| 27 | 27 | | (c) A violation of this subsection (a) is a Class C |
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| 28 | 28 | | misdemeanor punishable only by the completion of a court-approved |
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| 29 | 29 | | firearm safety course. |
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| 30 | 30 | | Sec. 46.17. REPORT OF GUN THEFT. (a) A person who owns a |
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| 31 | 31 | | firearm shall report the loss or theft of the firearm to a law |
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| 32 | 32 | | enforcement agency with jurisdiction over the location where the |
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| 33 | 33 | | firearm was lost or stolen within twenty-four hours of the |
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| 34 | 34 | | discovery of the loss or theft. |
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| 35 | 35 | | (b) A violation of this section is a Class C misdemeanor |
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| 36 | 36 | | punishable only by the completion of a court-approved firearm |
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| 37 | 37 | | safety course. |
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| 38 | 38 | | Sec. 46.18. REQUIRED SIGNAGE FOR GUN DEALERS. (a) A dealer |
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| 39 | 39 | | of firearms shall post in a conspicuous position on the premises |
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| 40 | 40 | | where the dealer conducts business a sign that contains the |
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| 41 | 41 | | following warning in block letters not less than one inch in height: |
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| 42 | 42 | | "WARNING: Access to a weapon or firearm in the home |
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| 43 | 43 | | significantly increases the risk of suicide, homicide, death during |
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| 44 | 44 | | domestic disputes and unintentional deaths to children, household |
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| 45 | 45 | | members, and others. If you or loved one is experiencing distress |
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| 46 | 46 | | and/or depression, call the National Suicide Hotline at 988." |
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| 47 | 47 | | (b) A dealer of firearms shall post in a conspicuous |
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| 48 | 48 | | position on the premises where the dealer conducts business a sign |
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| 49 | 49 | | that contains the following in block letters not less than one inch |
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| 50 | 50 | | in height: |
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| 51 | 51 | | "The sale, storage, use of firearm safety equipment is tax |
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| 52 | 52 | | free. This includes, a gun lock box, gun safe, barrel lock, trigger |
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| 53 | 53 | | lock, firearm safety training manual or electronic publication, or |
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| 54 | 54 | | other item designed to ensure safe handling or storage of a |
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| 55 | 55 | | firearm." |
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| 56 | 56 | | SECTION 2. Chapter 411, Government Code, is amended by |
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| 57 | 57 | | adding new Subchapter L-3 to read as follows: |
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| 58 | 58 | | SUBCHAPTER L-3. TEXAS FIREARM SAFETY WARNINGS |
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| 59 | 59 | | Sec. 411.3801. DEVELOPMENT AND IMPLEMENTATION OF WARNING |
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| 60 | 60 | | SYSTEM. With the cooperation of the Texas Department of |
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| 61 | 61 | | Transportation, the office of the governor, and other appropriate |
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| 62 | 62 | | law enforcement agencies in this state, the department shall |
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| 63 | 63 | | develop and implement a firearm safety system to be activated at |
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| 64 | 64 | | regular intervals to publicize firearm safety and storage policies |
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| 65 | 65 | | and advice. |
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| 66 | 66 | | SECTION 3. Chapter 161, Health and Safety Code, is amended |
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| 67 | 67 | | by adding new Section 161.045 to read as follows: |
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| 68 | 68 | | Sec. 161.045. REQUIRED GUN SAFETY INFORMATION. A physician |
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| 69 | 69 | | facility shall provide to every patient firearm safety and firearm |
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| 70 | 70 | | storage information. |
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| 71 | 71 | | SECTION 4. The change in law made by this Act applies only |
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| 72 | 72 | | to an offense committed on or after the effective date of this |
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| 73 | 73 | | Act. An offense committed before the effective date of this Act is |
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| 74 | 74 | | governed by the law in effect on the date the offense was committed, |
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| 75 | 75 | | and the former law is continued in effect for that purpose. For |
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| 76 | 76 | | purposes of this section, an offense was committed before the |
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| 77 | 77 | | effective date of this Act if any element of the offense occurred |
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| 78 | 78 | | before that date. |
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| 79 | 79 | | SECTION 5. This Act takes effect September 1, 2023. |
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