BILL ANALYSIS

C.S.H.B. 2454

By: Guillen

Community Safety, Select

Committee Report (Substituted)

BACKGROUND AND PURPOSE

While it is currently a felony for a person who is prohibited from possessing a firearm to knowing make a material false statement on a form while intending to purchase, sell, or transfer a firearm, there is currently no law that prohibits an individual from acquiring a firearm for a person who is prohibited from possessing a firearm under state or federal law. Individuals who acquire a firearm on behalf of others prohibited from having one should be penalized at the same level as those attempting to acquire a firearm for themselves. C.S.H.B. 2454 seeks to create a state jail felony offense for a person who acquires a firearm with the intent to deliver the firearm to someone the actor knows is prohibited from possessing a firearm.  

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2454 amends the Penal Code to create a state jail felony offense for a person who acquires a firearm with intent to deliver the firearm to a person knowing that the person to whom the firearm is to be delivered is prohibited from possessing the firearm by state or federal law. The bill applies only to an offense committed on or after the bill's effective date and provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

C.S.H.B. 2454 expressly prevails over another act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 2454 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes a provision not in the introduced establishing that the bill's provisions prevail over another act of the 88th Legislature, Regular Session, 2023, relating to nonsubstantive additions to and corrections in enacted codes.