86R3725 ADM-D
 
  By: Moody H.B. No. 854
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of the offense of making a firearm
  accessible to a child; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.13(a)(1), Penal Code, is amended to
  read as follows:
               (1)  "Child" means a person younger than 18 [17] years
  of age.
         SECTION 2.  Section 46.13, Penal Code, is amended by
  amending Subsections (c), (d), and (e) and adding Subsections (c-1)
  and (e-1) to read as follows:
         (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 property;
               (2) [(3)]  was gained by entering property in violation
  of this code; or
               (3) [(4)]  occurred during a time when the actor was
  engaged in an agricultural enterprise.
         (c-1)  It is an exception to the application of this section
  that the child's access to the firearm was authorized by the child's
  parent or guardian and was for hunting, sporting, or other lawful
  purposes.
         (d)  Except as provided by Subsections [Subsection] (e) and
  (e-1), an offense under this section is a Class C misdemeanor.
         (e)  An offense under this section is a Class A misdemeanor
  if the child discharges the firearm and causes death or serious
  bodily injury to himself or another person who resides with the
  child.
         (e-1)  An offense under this section is a felony of the third
  degree if the child discharges the firearm and causes death or
  serious bodily injury to another person who does not reside with the
  child.
         SECTION 3.  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 4.  This Act takes effect September 1, 2019.