Bill Text: TX SB1740 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to gun safety; creating an offense; increasing a criminal penalty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [SB1740 Detail]
Download: Texas-2023-SB1740-Introduced.html
| By: Gutierrez | S.B. No. 1740 | |
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| 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. | ||
