By Naishtat                                           H.B. No. 3127
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the lawful transfer or purchase of a handgun; requiring
    1-3  a handgun proficiency safety training course; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 46.06, Penal Code, is amended by amending
    1-6  Subsection (a) and adding Subsection (e) to read as follows:
    1-7        (a)  A person commits an offense if the person <he>:
    1-8              (1)  sells, rents, leases, loans, or gives a handgun to
    1-9  any person knowing that the person to whom the handgun is to be
   1-10  delivered:
   1-11                    (A)  intends to use it unlawfully or in the
   1-12  commission of an unlawful act; or
   1-13                    (B)  refuses or is unable to display to the actor
   1-14  a certificate indicating the person's successful completion of a
   1-15  handgun proficiency and safety course that is approved by the
   1-16  National Rifle Association.
   1-17              (2)  intentionally or knowingly sells, rents, leases,
   1-18  or gives or offers to sell, rent, lease, or give to any child
   1-19  younger than 18 years any firearm, club, or illegal knife;
   1-20              (3)  intentionally, knowingly, or recklessly sells a
   1-21  firearm or ammunition for a firearm to any person who is
   1-22  intoxicated; or
   1-23              (4)  knowingly sells a firearm or ammunition for a
    2-1  firearm to any person who has been convicted of a felony before the
    2-2  fifth anniversary of the later of the following dates:
    2-3                    (A)  the person's release from confinement
    2-4  following conviction of the felony; or
    2-5                    (B)  the person's release from supervision under
    2-6  community supervision, parole, or mandatory supervision following
    2-7  conviction of the felony.
    2-8        (e)  It is an exception to the application of Subsection
    2-9  (a)(1)(B) that the person to whom the handgun is to be delivered
   2-10  was, at the time of the commission of the offense, a peace officer.
   2-11        SECTION 2.  Chapter 46, Penal Code, is amended by adding
   2-12  Section 46.065 to read as follows:
   2-13        Sec. 46.065.  UNLAWFUL PURCHASE OF HANDGUN.  (a)  A person
   2-14  commits an offense if the person:
   2-15              (1)  purchases a handgun; and
   2-16              (2)  does not display to the person selling the handgun
   2-17  a certificate indicating the actor's successful completion of a
   2-18  handgun proficiency and safety course that is approved by the
   2-19  National Rifle Association.
   2-20        (b)  An offense under this section is a Class A misdemeanor.
   2-21        (c)  It is an exception to the application of this section
   2-22  that the actor was, at the time of the commission of the offense, a
   2-23  peace officer.
   2-24        SECTION 3.  This Act takes effect September 1, 1995.
   2-25        SECTION 4.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended.