88R26840 AJZ-D
 
  By: Goodwin, Reynolds, Ortega, et al. H.B. No. 220
 
  Substitute the following for H.B. No. 220:
 
  By:  Canales C.S.H.B. No. 220
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of unlawful transfer of handguns and other
  firearms and to the duties of certain entities with respect to
  handgun licenses that are active, suspended, or revoked; creating a
  criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.1805 to read as follows:
         Sec. 411.1805.  DATABASE OF SUSPENDED AND REVOKED LICENSES.
  (a) The department shall maintain a current record of license
  numbers with respect to each unexpired license to carry a handgun
  that is suspended or revoked under this subchapter. 
         (b)  Notwithstanding Section 411.192, the department shall
  make available on the department's publicly accessible Internet
  website a searchable database of license numbers that allows a
  firearms dealer licensed under 18 U.S.C. Section 923 to determine
  whether the person to whom a firearm is being transferred may use
  the license as a permit described by 18 U.S.C. Section 922(t).  The
  department may not include any information that would otherwise
  identify the person to whom the license was issued.
         (c)  Not later than the fifth working day after the
  applicable period of suspension ends for a license, the department
  shall update the database under Subsection (b) to reflect that the
  license is no longer suspended.
         (d)  If a revoked license is reinstated, the department shall
  update the database under Subsection (b) to reflect that
  reinstatement not later than the fifth working day after the
  reinstatement occurs.
         (e)  A firearms dealer licensed under 18 U.S.C. Section 923
  who transfers a firearm to a person who presents a license issued
  under this subchapter is not subject to civil liability for failing
  to perform an action described by Section 411.222(a) to verify the
  validity of the person's license before the transfer.
         (f)  The department and each other state agency, and each
  political subdivision of this state, are prohibited from collecting
  or maintaining a record of information submitted for the purpose of
  searching the database under Subsection (b), including information
  that may indicate how frequently a particular license number has
  been searched in the database.
         (g)  The director may adopt rules to implement this section.
         SECTION 2.  Section 411.186, Government Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  If a peace officer believes a reason listed in
  Subsection (a) to revoke a license exists, the officer shall
  prepare an affidavit on a form provided by the department stating
  the reason for the revocation of the license and giving the
  department all of the information available to the officer at the
  time of the preparation of the form. The officer shall attach the
  officer's reports relating to the license holder to the form and
  send the form and attachments to the appropriate division of the
  department at its Austin headquarters not later than the fifth
  working day after the date the form is prepared. The officer shall
  send a copy of the form and the attachments to the license holder.
  If the license holder has not surrendered the license or the license
  was not seized as evidence or otherwise in conjunction with a legal
  proceeding, the license holder shall surrender the license to the
  appropriate division of the department not later than the 10th day
  after the date the license holder receives the notice of revocation
  from the department, unless the license holder requests a hearing
  from the department. The license holder may request that the
  justice court in the justice court precinct in which the license
  holder resides review the revocation as provided by Section
  411.180. If a request is made for the justice court to review the
  revocation and hold a hearing, the license holder shall surrender
  the license on the date an order of revocation is entered by the
  justice court.
         (b-1)  If an officer of the court seizes or accepts surrender
  of a license under Section 411.2065, the officer shall submit the
  license to the department at its Austin headquarters not later than
  the fifth working day after the date the license is seized or
  surrendered. The officer shall include a copy of any court order,
  judgment, or other documentation relevant to the reason for the
  seizure or surrender of the license.
         SECTION 3.  Section 411.187, Government Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  If a peace officer believes a reason listed in
  Subsection (a) to suspend a license exists, the officer shall
  prepare an affidavit on a form provided by the department stating
  the reason for the suspension of the license and giving the
  department all of the information available to the officer at the
  time of the preparation of the form. The officer shall attach the
  officer's reports relating to the license holder to the form and
  send the form and the attachments to the appropriate division of the
  department at its Austin headquarters not later than the fifth
  working day after the date the form is prepared. The officer shall
  send a copy of the form and the attachments to the license holder.
  If the license holder has not surrendered the license or the license
  was not seized as evidence or otherwise in conjunction with a legal
  proceeding, the license holder shall surrender the license to the
  appropriate division of the department not later than the 10th day
  after the date the license holder receives the notice of suspension
  from the department unless the license holder requests a hearing
  from the department. The license holder may request that the
  justice court in the justice court precinct in which the license
  holder resides review the suspension as provided by Section
  411.180. If a request is made for the justice court to review the
  suspension and hold a hearing, the license holder shall surrender
  the license on the date an order of suspension is entered by the
  justice court.
         (b-1)  If an officer of the court seizes or accepts surrender
  of a license under Section 411.2065, the officer shall submit the
  license to the department at its Austin headquarters not later than
  the fifth working day after the date the license is seized or
  surrendered. The officer shall include a copy of any court order,
  judgment, or other documentation relevant to the reason for the
  seizure or surrender of the license.
         SECTION 4.  The heading to Section 411.206, Government Code,
  is amended to read as follows:
         Sec. 411.206.  SEIZURE OF HANDGUN AND LICENSE BY PEACE
  OFFICER.
         SECTION 5.  Section 411.206, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  A peace officer may seize a license holder's suspended
  or revoked license. A peace officer who seizes a license under this
  subsection shall, not later than the fifth working day after the
  date of the seizure, return the license to the department or, if the
  officer seizes the license as evidence of an offense, notify the
  department that the license was seized.
         SECTION 6.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.2065 to read as follows:
         Sec. 411.2065.  SEIZURE OF LICENSE BY AND SURRENDER OF
  LICENSE TO COURT OFFICER. (a) If a license holder is convicted of
  or charged with an offense or becomes the subject of a protective
  order and that conviction, charge, or order disqualifies the person
  from possessing a firearm or continuing to hold a license under this
  subchapter, an officer of the court shall accept voluntary
  surrender of the license or otherwise seize the license, as
  appropriate.
         (b)  An officer who seizes or accepts surrender of a license
  under this section shall, not later than the fifth working day after
  the date of the seizure or acceptance, submit to the department the
  license and copies of the relevant court documentation as provided
  by Section 411.186(b-1) or 411.187(b-1), as applicable.
         SECTION 7.  Chapter 411, Government Code, is amended by
  adding Subchapter H-1 to read as follows:
  SUBCHAPTER H-1. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS
         Sec. 411.221.  DEFINITIONS. In this subchapter:
               (1)  "License" means a license to carry a handgun
  issued under Subchapter H.
               (2)  "Licensed firearms dealer" means a person who is
  licensed as a firearms dealer under 18 U.S.C. Section 923.
         Sec. 411.222.  REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS.
  (a)  Before a licensed firearms dealer transfers a firearm to a
  person who presents an apparently valid unexpired license as a
  permit described by 18 U.S.C. Section 922(t), the dealer shall
  verify that the license is not currently suspended or revoked,
  either by:
               (1)  direct communication with the department; or
               (2)  referencing the database of license numbers that
  is maintained on the department's Internet website under Section
  411.1805.
         (b)  Each time a licensed firearms dealer requests
  information from the department to verify the validity of a
  person's license under Subsection (a)(1) or (2), the department
  shall provide the dealer with a unique identification number to
  confirm that the request was made.
         (c)  If the licensed firearms dealer determines under
  Subsection (a) that a person's license is suspended or revoked, the
  dealer may transfer a firearm to the person after conducting a
  national instant criminal background check in the manner required
  by 18 U.S.C. Section 922 and verifying that the person may lawfully
  possess a firearm.
         (d)  If the department is unable to immediately verify the
  validity of a person's license under Subsection (a), the licensed
  firearms dealer may proceed with the transfer and may treat the
  license as a permit described by 18 U.S.C. Section 922(t).
         SECTION 8.  Not later than January 1, 2024, the Department of
  Public Safety shall:
               (1)  establish the database required under Section
  411.1805, Government Code, as added by this Act, and make the
  database available on the department's Internet website; and
               (2)  notify each person in this state who is a licensed
  firearms dealer under 18 U.S.C. Section 923, by e-mail or mail, of
  the database established under Section 411.1805, Government Code,
  as added by this Act, and include a link to the Internet website
  where the database is posted.
         SECTION 9.  Subchapter H-1, Chapter 411, Government Code, as
  added by this Act, applies only to a firearm transfer that occurs on
  or after January 1, 2024.
         SECTION 10.  This Act takes effect September 1, 2023.