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A BILL TO BE ENTITLED
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AN ACT
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Relating to gun safety; creating an offense; increasing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding new |
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Sections 46.16, 46.17, and 46.18 to read as follows: |
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Sec. 46.16. UNLAWFUL GUN STORAGE. (a) It is an offense for |
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a person to store a firearm, whether loaded or unloaded, or firearm |
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ammunition, in a motor vehicle or boat while the person is not in |
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the motor vehicle or watercraft unless the firearm or firearm |
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ammunition is kept from ordinary observation and locked within the |
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trunk, utility or glove box, or a locked container securely affixed |
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to the motor vehicle or boat. |
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(b) As used in this subsection (a): |
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(1) "watercraft" has the same meaning as defined in |
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Section 46.02 (a-3); ( |
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(2) "trunk" means the fully enclosed and locked main |
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storage compartment of a motor vehicle that is not accessible from |
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the passenger compartment, but does not include any compartment |
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that has a window, the bed of a pickup truck, or the rear area of a |
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hatchback, station wagon-type motor vehicle, or sport utility motor |
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vehicle. |
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(c) A violation of this subsection (a) is a Class C |
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misdemeanor punishable only by the completion of a court-approved |
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firearm safety course. |
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Sec. 46.17. REPORT OF GUN THEFT. (a) A person who owns a |
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firearm shall report the loss or theft of the firearm to a law |
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enforcement agency with jurisdiction over the location where the |
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firearm was lost or stolen within twenty-four hours of the |
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discovery of the loss or theft. |
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(b) A violation of this section is a Class C misdemeanor |
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punishable only by the completion of a court-approved firearm |
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safety course. |
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Sec. 46.18. REQUIRED SIGNAGE FOR GUN DEALERS. (a) A dealer |
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of firearms shall post in a conspicuous position on the premises |
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where the dealer conducts business a sign that contains the |
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following warning in block letters not less than one inch in height: |
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"WARNING: Access to a weapon or firearm in the home |
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significantly increases the risk of suicide, homicide, death during |
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domestic disputes and unintentional deaths to children, household |
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members, and others. If you or loved one is experiencing distress |
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and/or depression, call the National Suicide Hotline at 988." |
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(b) A dealer of firearms shall post in a conspicuous |
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position on the premises where the dealer conducts business a sign |
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that contains the following in block letters not less than one inch |
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in height: |
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"The sale, storage, use of firearm safety equipment is tax |
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free. This includes, a gun lock box, gun safe, barrel lock, trigger |
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lock, firearm safety training manual or electronic publication, or |
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other item designed to ensure safe handling or storage of a |
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firearm." |
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SECTION 2. Chapter 411, Government Code, is amended by |
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adding new Subchapter L-3 to read as follows: |
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SUBCHAPTER L-3. TEXAS FIREARM SAFETY WARNINGS |
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Sec. 411.3801. DEVELOPMENT AND IMPLEMENTATION OF WARNING |
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SYSTEM. With the cooperation of the Texas Department of |
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Transportation, the office of the governor, and other appropriate |
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law enforcement agencies in this state, the department shall |
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develop and implement a firearm safety system to be activated at |
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regular intervals to publicize firearm safety and storage policies |
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and advice. |
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SECTION 3. Chapter 161, Health and Safety Code, is amended |
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by adding new Section 161.045 to read as follows: |
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Sec. 161.045. REQUIRED GUN SAFETY INFORMATION. A physician |
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facility shall provide to every patient firearm safety and firearm |
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storage information. |
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SECTION 4. 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 |
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Act. An offense committed before the effective date of this Act is |
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governed by the law in effect on the date 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 5. This Act takes effect September 1, 2023. |