By Naishtat H.B. No. 165 75R462 PEP-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to creating the offenses of the unlawful transfer to or 1-3 purchase of a handgun by a person who has not taken a handgun 1-4 proficiency and safety course. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 46.06, Penal Code, is amended by amending 1-7 Subsection (a) and adding Subsection (e) to read as follows: 1-8 (a) A person commits an offense if the person: 1-9 (1) sells, rents, leases, loans, or gives a handgun to 1-10 any person knowing that the person to whom the handgun is to be 1-11 delivered: 1-12 (A) intends to use it unlawfully or in the 1-13 commission of an unlawful act; or 1-14 (B) refuses or is unable to display to the 1-15 actor: 1-16 (i) a valid license issued under Article 1-17 4413(29ee), Revised Statutes, to carry a concealed handgun of the 1-18 same category as the handgun the actor sells, rents, leases, loans, 1-19 or gives to the person; or 1-20 (ii) a certificate issued to the person 1-21 under Section 411.048, Government Code; 1-22 (2) intentionally or knowingly sells, rents, leases, 1-23 or gives or offers to sell, rent, lease, or give to any child 1-24 younger than 18 years any firearm, club, or illegal knife; 2-1 (3) intentionally, knowingly, or recklessly sells a 2-2 firearm or ammunition for a firearm to any person who is 2-3 intoxicated; 2-4 (4) knowingly sells a firearm or ammunition for a 2-5 firearm to any person who has been convicted of a felony before the 2-6 fifth anniversary of the later of the following dates: 2-7 (A) the person's release from confinement 2-8 following conviction of the felony; or 2-9 (B) the person's release from supervision under 2-10 community supervision, parole, or mandatory supervision following 2-11 conviction of the felony; or 2-12 (5) sells, rents, leases, loans, or gives a handgun to 2-13 any person knowing that an active protective order is directed to 2-14 the person to whom the handgun is to be delivered. 2-15 (e) It is an exception to the application of Subsection 2-16 (a)(1)(B) that the person to whom the handgun is delivered was, at 2-17 the time of the commission of the offense, a peace officer. 2-18 SECTION 2. Chapter 46, Penal Code, is amended by adding 2-19 Section 46.065 to read as follows: 2-20 Sec. 46.065. UNLAWFUL PURCHASE OF HANDGUN. (a) A person 2-21 commits an offense if the person: 2-22 (1) purchases a handgun; and 2-23 (2) does not display to the person selling the 2-24 handgun: 2-25 (A) a valid license issued under Article 2-26 4413(29ee), Revised Statutes, to carry a concealed handgun of the 2-27 same category as the handgun that is purchased; or 3-1 (B) a certificate issued to the person under 3-2 Section 411.048, Government Code. 3-3 (b) An offense under this section is a Class A misdemeanor. 3-4 (c) It is an exception to the application of this section 3-5 that the actor was, at the time of the commission of the offense, a 3-6 peace officer. 3-7 SECTION 3. Subchapter D, Chapter 411, Government Code, is 3-8 amended by adding Section 411.048 to read as follows: 3-9 Sec. 411.048. ISSUANCE OF CERTIFICATE TO PURCHASE HANDGUN. 3-10 (a) The department shall issue a certificate to each person who 3-11 demonstrates to the department in the manner required by the 3-12 department the person's successful completion of: 3-13 (1) a handgun proficiency and safety course that meets 3-14 or exceeds the requirements set by the department or by the 3-15 National Rifle Association as of January 1, 1997, for a handgun 3-16 proficiency and safety course that requires not less than 10 hours 3-17 of instruction; or 3-18 (2) an objective test on the subject matter of handgun 3-19 proficiency and safety administered by the department or by a 3-20 qualified handgun instructor as defined by Section 1, Article 3-21 4413(29ee), Revised Statutes. 3-22 (b) The department or qualified handgun instructor may 3-23 charge a fee not to exceed $10 for each test the department or 3-24 instructor administers under Subsection (a)(2). 3-25 SECTION 4. This Act takes effect September 1, 1997. 3-26 SECTION 5. The importance of this legislation and the 3-27 crowded condition of the calendars in both houses create an 4-1 emergency and an imperative public necessity that the 4-2 constitutional rule requiring bills to be read on three several 4-3 days in each house be suspended, and this rule is hereby suspended.