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.