Relating to the definition of a child for purposes of the offense of making a firearm accessible to a child.
Summary
HB 3436 would amend the Penal Code definition of “child” for the offense of making a firearm accessible to a child. Under current law, the term means a person younger than 17 years of age; the bill would raise that threshold to younger than 18 years of age. In practical terms, conduct involving a firearm being left accessible to a 17-year-old would newly fall within the offense.
The bill is narrowly focused on one criminal offense and does not create a new offense or change the underlying firearm-access statute beyond expanding the age group covered. It applies only to offenses committed on or after September 1, 2025, and preserves prior law for conduct occurring before that date.
Impact
HB 3436 would amend Section 46.13(a)(1) of the Texas Penal Code by changing the age definition of “child” from under 17 to under 18 for purposes of the offense of making a firearm accessible to a child. This would expand the statute’s reach to include 17-year-olds, potentially increasing the number of situations that can trigger criminal liability for unsecured firearms accessible to minors. The bill would apply prospectively only, leaving earlier offenses governed by the prior definition.
Sentiment
Based on the available context, the bill appears to have been treated as a public safety measure and was referred to the House Homeland Security, Public Safety & Veterans’ Affairs Committee. No committee transcript or vote record is available, so there is no direct evidence of debate, support, or opposition in the provided materials. The overall framing suggests a straightforward, safety-oriented proposal rather than a broadly controversial one.
Contention
The main point of contention, if any, would likely be the policy choice to expand criminal liability from children under 17 to children under 18. Supporters would view the change as strengthening firearm safety protections for older teens, while opponents could argue it broadens criminal exposure for gun owners and parents without changing the underlying conduct. No specific objections or amendments are reflected in the provided record.