|
|
|
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. |