By: Hinojosa	H.B. No. 4887

	A BILL TO BE ENTITLED
	AN ACT
	relating to gun storage and safety measures; creating a criminal
	offense; increasing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 46.13(b), (c), (d), and (g), Penal
	Code, are amended to read as follows:
	(b)  A person commits an offense if:
	(1)  [a child gains access to a readily dischargeable
	firearm and] the person, with criminal negligence:
	(A)  fails [(1) failed] to secure a readily
	dischargeable [the] firearm; or
	(B)  leaves a readily dischargeable [(2) left the]
	firearm in a place to which the person knew or should have known a
	[the] child would gain access; and
	(2)  a child gains access to the firearm and:
	(A)  brings the firearm:
	(i)  in or on any real property owned by or
	rented or leased to a school, school board, or other governing body
	of a school; or
	(ii)  on a school bus; or
	(B)  discharges the firearm causing death or
	serious bodily injury to the child or another person.
	(c)  It is an affirmative defense to prosecution under this
	section that the child's access to the firearm:
	(1)  was supervised by a person older than 18 years of
	age and was for hunting, sporting, or other lawful purposes;
	(2)  consisted of lawful defense by the child of people
	or real or personal property;
	(3)  was gained by entering real or personal property,
	including a vehicle, in violation of this code; or
	(4)  occurred during a time when the actor was engaged
	in an agricultural enterprise
	(d)  An [Except as provided by Subsection (c), an] offense
	under this section is a Class A [C] misdemeanor except that an
	offense described by Subsection (b) (2) (B) is a felony of the third
	degree.
	(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 ARE LIKELY TO BE AND CAN OBTAIN
	ACCESS TO THE FIREARM.  VIOLATION MAY RESULT IN CRIMINAL AND CIVIL
	LIABILITY."
	SECTION 2.  Chapter 46, Penal Code, is amended by adding
	Section 46.16 to read as follows:
	Sec. 46.16.  FAILURE TO REPORT STOLEN FIREARM. (a)  A person
	commits an offense if the person:
	(1)  owns a firearm that is subsequently stolen from
	the person; and
	(2)  fails to report the theft to a peace officer or law
	enforcement agency on or before the 10th day after the date the
	person became aware the firearm was stolen.
	(b)  An offense under this section is a Class C misdemeanor.
	(c)  If conduct constituting an offense under this section
	also constitutes an offense under another section of this code, the
	actor may be prosecuted under either section or under both
	sections.
	SECTION 3.  Section 46.13(e), Penal Code, is repealed.
	SECTION 4.  The changes in law made by this article to
	Section 46.13, Penal Code, apply 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.