By:  West                                              S.B. No. 804
       73R2869 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the requirement of a handgun permit or a criminal
    1-3  record check before the transfer of a firearm and to the possession
    1-4  of a firearm by a felon; providing criminal penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 70, Revised Statutes, is amended by adding
    1-7  Article 4413(29dd) to read as follows:
    1-8        Art. 4413(29dd).  CRIMINAL RECORD CHECK BEFORE TRANSFER OF
    1-9  FIREARMS
   1-10        Sec. 1.  DEFINITIONS.  In this article:
   1-11              (1)  "Firearm" has the meaning assigned by Section
   1-12  46.01, Penal Code.
   1-13              (2)  "Dealer" means a person licensed as a firearms
   1-14  dealer under 18 U.S.C. Section 921 et seq.
   1-15              (3)  "Department" means the Department of Public
   1-16  Safety.
   1-17              (4)  "Transfer" means to sell, give, loan, assign, or
   1-18  deliver to another, with or without consideration.
   1-19        Sec. 2.  WRITTEN CONSENT REQUIRED.  (a)  A person may not
   1-20  obtain a firearm from a dealer unless the person first:
   1-21              (1)  provides the dealer with a signed form containing
   1-22  the person's name, residence address, driver's license number, sex,
   1-23  date of birth, height, weight, and color of eyes and consents in
   1-24  writing to have the dealer obtain the person's criminal record
    2-1  information; or
    2-2              (2)  displays to the dealer a handgun transfer permit
    2-3  issued to the person under this article.
    2-4        (b)  A person commits an offense if the person knowingly
    2-5  makes a false statement to obtain a firearm from a dealer.
    2-6        (c)  An offense  under this section is a Class A misdemeanor.
    2-7        Sec. 3.  CRIMINAL RECORD CHECK REQUIRED.  (a)  A dealer may
    2-8  not transfer a firearm to a person unless:
    2-9              (1)  the dealer first:
   2-10                    (A)  obtains a signed consent form from the
   2-11  prospective transferee to obtain criminal record information;
   2-12                    (B)  requests a criminal record check of the
   2-13  prospective transferee by a telephone call to the department; and
   2-14                    (C)  except as provided by Subsection (b) of this
   2-15  section, receives authorization to transfer the firearm to the
   2-16  prospective transferee and a unique reference code from the
   2-17  department; or
   2-18              (2)  the dealer first:
   2-19                    (A)  verifies the validity of the person's
   2-20  handgun transfer permit by telephone call to the department; and
   2-21                    (B)  except as provided by Subsection (d) of this
   2-22  section, obtains authorization to transfer the firearm to the
   2-23  prospective transferee from the department.
   2-24        (b)  The department shall authorize the transfer within seven
   2-25  days after the date of receipt of a request for a criminal record
   2-26  check of a prospective transferee under Subsection (a)(1) of this
   2-27  section, unless the prospective transferee is prohibited from
    3-1  possessing or transporting a firearm by state or federal law.  If
    3-2  the dealer does not receive a response from the department within
    3-3  seven days after the date of the request, the dealer may
    3-4  immediately complete the transfer.
    3-5        (c)  A dealer shall mail or deliver the written consent form
    3-6  and the unique reference code required by Subsection (a)(1) of this
    3-7  section to the department within 24 hours after the transfer of a
    3-8  firearm.
    3-9        (d)  The department shall verify the validity of a handgun
   3-10  transfer permit during the dealer's call or by return call without
   3-11  delay and shall authorize or deny authorization to the dealer to
   3-12  complete the transfer.  If the dealer does not receive a response
   3-13  from the department within one hour of the dealer's call, the
   3-14  dealer may immediately complete the transfer.
   3-15        (e)  The criminal record check account is established in the
   3-16  general revenue fund.  A dealer shall charge and collect a fee of
   3-17  $2 for every transaction for which a criminal record check of a
   3-18  Texas resident is required under this section and a fee of $5 for
   3-19  every transaction for which a criminal record check of an
   3-20  out-of-state resident is required under this section.  The dealer
   3-21  shall send the collected fees to the comptroller of public accounts
   3-22  not later than the 20th day of the month following the month in
   3-23  which the firearms were transferred.  The comptroller shall deposit
   3-24  the fees collected under this section to the credit of the criminal
   3-25  record check account.  Money in the account may be appropriated to
   3-26  the department only to offset the costs of conducting criminal
   3-27  record checks required by this article.
    4-1        (f)  A dealer commits an offense if the dealer transfers a
    4-2  firearm in violation of this section.
    4-3        (g)  An offense under this section is a felony of the third
    4-4  degree.
    4-5        Sec. 4.  ELIGIBILITY FOR HANDGUN TRANSFER PERMIT.  A person
    4-6  is eligible to obtain a handgun transfer permit under this article
    4-7  if the person:
    4-8              (1)  is at least 21 years old;
    4-9              (2)  has not been convicted of a felony; and
   4-10              (3)  has not been declared mentally incompetent by a
   4-11  court of competent jurisdiction.
   4-12        Sec. 5.  APPLICATION; CRIMINAL PENALTY.  (a)  A person may
   4-13  apply for a handgun transfer permit by providing the following
   4-14  information in person to the department:
   4-15              (1)  the name, residence address, telephone number, and
   4-16  driver's license number of the applicant;
   4-17              (2)  the sex, date of birth, height, weight, and color
   4-18  of eyes of the applicant; and
   4-19              (3)  a statement signed by the applicant that the
   4-20  applicant is eligible under Section 4 of this article to obtain a
   4-21  handgun transfer permit.
   4-22        (b)  At the time of application, the department shall provide
   4-23  the applicant with a dated receipt for the application.
   4-24        (c)  A person commits an offense if the person knowingly
   4-25  makes a false statement in order to obtain a handgun transfer
   4-26  permit.
   4-27        (d)  An offense under this section is a Class A misdemeanor.
    5-1        Sec. 6.  INVESTIGATION OF APPLICANT FOR HANDGUN TRANSFER
    5-2  PERMIT.  The department shall conduct a criminal history record
    5-3  check of the applicant for a handgun transfer permit.
    5-4        Sec. 7.  HANDGUN TRANSFER PERMIT.  (a)  The department shall
    5-5  issue a handgun transfer permit to the applicant unless the
    5-6  department determines that the applicant is not eligible to obtain
    5-7  a handgun transfer permit under Section 4 of this article or is
    5-8  prohibited from possessing or transporting a firearm by state or
    5-9  federal law.  The department shall issue or deny the permit not
   5-10  later than the 10th day after the date of receipt of the items
   5-11  listed in Section 5 of this article, but a permit issued after that
   5-12  day is valid if otherwise issued in accordance with this section.
   5-13        (b)  If the department denies the application, the department
   5-14  shall notify the applicant in writing stating the reason for denial
   5-15  not later than the 10th day after the date of receipt of the items
   5-16  listed in Section 5 of this article.
   5-17        (c)  The permit is effective statewide and expires one year
   5-18  after the date of issuance.
   5-19        (d)  A permit issued under this article is not transferable.
   5-20        Sec. 8.  RENEWAL OF HANDGUN TRANSFER PERMIT.  A handgun
   5-21  transfer permit may be renewed in the same manner and subject to
   5-22  the same provisions by which the original permit was obtained.
   5-23        Sec. 9.  HANDGUN TRANSFER PERMIT VOIDED; CRIMINAL PENALTY.
   5-24  (a)  A handgun transfer permit is void at the time that the holder
   5-25  is no longer eligible to obtain a permit under Section 4 of this
   5-26  article.
   5-27        (b)  The holder of a void permit commits an offense if the
    6-1  holder attempts to use or uses the void permit after the date on
    6-2  which the permit becomes void.
    6-3        (c)  An offense under this section is a Class A misdemeanor.
    6-4        Sec. 10.  DISCLOSURE OF INFORMATION; CRIMINAL PENALTY.  (a)
    6-5  A person commits an offense if the person knowingly releases or
    6-6  discloses the criminal record information obtained under this
    6-7  article to any other person.
    6-8        (b)  An offense under this section is a  Class A misdemeanor.
    6-9        Sec. 11.  APPEAL.  A person who is denied the right to obtain
   6-10  a firearm or a handgun transfer permit under this article may
   6-11  appeal the denial in a district court having jurisdiction in the
   6-12  county in which the person resides.
   6-13        Sec. 12.  EXCEPTIONS.  This article does not apply to a
   6-14  transaction between persons who are licensed as firearms importers,
   6-15  collectors, manufacturers, or dealers under 18 U.S.C. Section 921
   6-16  et seq. or a transfer to a federal, state, or local law enforcement
   6-17  officer.
   6-18        Sec. 13.  FORMS; RULES; TOLL FREE TELEPHONE SERVICE.  (a)
   6-19  The department shall make consent forms for criminal record checks
   6-20  available to dealers throughout the state.
   6-21        (b)  The department shall make handgun transfer permit
   6-22  applications and report forms available throughout the state.
   6-23        (c)  The department may charge a reasonable fee not to exceed
   6-24  $60 for the services and materials provided by the department in
   6-25  connection with a handgun transfer permit under this article.
   6-26        (d)  The department shall adopt rules to ensure the accuracy,
   6-27  confidentiality, and security of all information provided by the
    7-1  department under this article.
    7-2        (e)  The department shall establish throughout the state a
    7-3  toll free telephone service to receive requests from dealers for
    7-4  criminal background checks and for verification of handgun transfer
    7-5  permits of prospective transferees of firearms.  The toll free
    7-6  telephone service must be available seven days a week between the
    7-7  hours of 8 a.m. and 10 p.m.
    7-8        SECTION 2.  This Act takes effect September 1, 1993.
    7-9        SECTION 3.  The importance of this legislation and the
   7-10  crowded condition of the calendars in both houses create an
   7-11  emergency and an imperative public necessity that the
   7-12  constitutional rule requiring bills to be read on three several
   7-13  days in each house be suspended, and this rule is hereby suspended.