By Dutton H.B. No. 2559
74R3855 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of unlawful transfer of certain weapons and
1-3 to the civil liability of a licensed firearms dealer for damages
1-4 caused by a firearm unlawfully transferred by the dealer.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 46.06, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 46.06. Unlawful Transfer of Certain Weapons. (a) A
1-9 person commits an offense if he:
1-10 (1) sells, rents, leases, loans, or gives a handgun to
1-11 any person knowing that the person to whom the handgun is to be
1-12 delivered intends to use it unlawfully or in the commission of an
1-13 unlawful act;
1-14 (2) intentionally or knowingly sells, rents, leases,
1-15 or gives or offers to sell, rent, lease, or give to any child
1-16 younger than 21 <18> years any firearm, club, or illegal knife;
1-17 (3) intentionally, knowingly, or recklessly sells a
1-18 firearm or ammunition for a firearm to any person who is
1-19 intoxicated; or
1-20 (4) knowingly sells a firearm or ammunition for a
1-21 firearm to any person who has been convicted of a felony before the
1-22 fifth anniversary of the later of the following dates:
1-23 (A) the person's release from confinement
1-24 following conviction of the felony; or
2-1 (B) the person's release from supervision under
2-2 community supervision, parole, or mandatory supervision following
2-3 conviction of the felony.
2-4 (b) For purposes of this section, "intoxicated" means
2-5 substantial or noticeable impairment of mental or physical capacity
2-6 resulting from introduction of any substance into the body.
2-7 (c) <It is an affirmative defense to prosecution under
2-8 Subsection (a)(2) that the transfer was to a minor whose parent or
2-9 the person having legal custody of the minor had given written
2-10 permission for the sale or, if the transfer was other than a sale,
2-11 the parent or person having legal custody had given effective
2-12 consent.>
2-13 <(d)> An offense under this section is a Class A
2-14 misdemeanor.
2-15 SECTION 2. Title 4, Civil Practice and Remedies Code, is
2-16 amended by adding Chapter 94 to read as follows:
2-17 CHAPTER 94. LIABILITY OF LICENSED FIREARMS DEALER
2-18 Sec. 94.001. DEFINITIONS. In this chapter:
2-19 (1) "Dealer" means a person licensed as a firearms
2-20 dealer under 18 U.S.C. Section 921 et seq., as amended.
2-21 (2) "Firearm" has the meaning assigned by Section
2-22 46.01, Penal Code.
2-23 Sec. 94.002. LIABILITY FOR ILLEGAL TRANSFER. A dealer is
2-24 liable in civil damages for the death of or injury or loss to a
2-25 person caused by a firearm used by another person if, before the
2-26 occurrence of the act that caused the death, injury, or damage, the
2-27 dealer commits an offense under Section 46.06, Penal Code,
3-1 regarding the firearm.
3-2 SECTION 3. (a) The change in law made by this Act applies
3-3 only to an offense or to civil liability based on an offense
3-4 committed on or after the effective date of this Act. For purposes
3-5 of this section, an offense is committed before the effective date
3-6 of this Act if any element of the offense occurs before the
3-7 effective date.
3-8 (b) An offense or civil liability based on an offense
3-9 committed before the effective date of this Act is covered by the
3-10 law in effect when the offense was committed, and the former law is
3-11 continued in effect for that purpose.
3-12 SECTION 4. This Act takes effect September 1, 1995.
3-13 SECTION 5. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.