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.