By: Gutierrez S.B. No. 1740
A BILL TO BE ENTITLED
AN ACT
Relating to gun safety; creating an offense; increasing a criminal
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 46, Penal Code, is amended by adding new
Sections 46.16, 46.17, and 46.18 to read as follows:
Sec. 46.16. UNLAWFUL GUN STORAGE. (a) It is an offense for
a person to store a firearm, whether loaded or unloaded, or firearm
ammunition, in a motor vehicle or boat while the person is not in
the motor vehicle or watercraft unless the firearm or firearm
ammunition is kept from ordinary observation and locked within the
trunk, utility or glove box, or a locked container securely affixed
to the motor vehicle or boat.
(b) As used in this subsection (a):
(1) "watercraft" has the same meaning as defined in
Section 46.02 (a-3); (
(2) "trunk" means the fully enclosed and locked main
storage compartment of a motor vehicle that is not accessible from
the passenger compartment, but does not include any compartment
that has a window, the bed of a pickup truck, or the rear area of a
hatchback, station wagon-type motor vehicle, or sport utility motor
vehicle.
(c) A violation of this subsection (a) is a Class C
misdemeanor punishable only by the completion of a court-approved
firearm safety course.
Sec. 46.17. REPORT OF GUN THEFT. (a) A person who owns a
firearm shall report the loss or theft of the firearm to a law
enforcement agency with jurisdiction over the location where the
firearm was lost or stolen within twenty-four hours of the
discovery of the loss or theft.
(b) A violation of this section is a Class C misdemeanor
punishable only by the completion of a court-approved firearm
safety course.
Sec. 46.18. REQUIRED SIGNAGE FOR GUN DEALERS. (a) 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:
"WARNING: Access to a weapon or firearm in the home
significantly increases the risk of suicide, homicide, death during
domestic disputes and unintentional deaths to children, household
members, and others. If you or loved one is experiencing distress
and/or depression, call the National Suicide Hotline at 988."
(b) A dealer of firearms shall post in a conspicuous
position on the premises where the dealer conducts business a sign
that contains the following in block letters not less than one inch
in height:
"The sale, storage, use of firearm safety equipment is tax
free. This includes, a gun lock box, gun safe, barrel lock, trigger
lock, firearm safety training manual or electronic publication, or
other item designed to ensure safe handling or storage of a
firearm."
SECTION 2. Chapter 411, Government Code, is amended by
adding new Subchapter L-3 to read as follows:
SUBCHAPTER L-3. TEXAS FIREARM SAFETY WARNINGS
Sec. 411.3801. DEVELOPMENT AND IMPLEMENTATION OF WARNING
SYSTEM. With the cooperation of the Texas Department of
Transportation, the office of the governor, and other appropriate
law enforcement agencies in this state, the department shall
develop and implement a firearm safety system to be activated at
regular intervals to publicize firearm safety and storage policies
and advice.
SECTION 3. Chapter 161, Health and Safety Code, is amended
by adding new Section 161.045 to read as follows:
Sec. 161.045. REQUIRED GUN SAFETY INFORMATION. A physician
facility shall provide to every patient firearm safety and firearm
storage information.
SECTION 4. The change in law made 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 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.