By Greenberg H.B. No. 3467
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the acquisition of firearms by individuals in the State
1-3 of Texas, providing a penalty and declaring emergency.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Legislative Intent.
1-6 It is the intention of the legislature by this Act to create
1-7 an orderly system to determine whether or not individuals who seek
1-8 to purchase firearms in this State are persons convicted of felony
1-9 offenses. It is the sense of the Legislature that persons
1-10 convicted of felony offenses should not be permitted to acquire
1-11 firearms in this State.
1-12 To that end, the Legislature directs that this law should be
1-13 construed to accomplish the aforementioned goal and that in any
1-14 situation where doubt exists as to whether or not an individual is
1-15 indeed a convicted felon, no approval should be issued by the
1-16 department.
1-17 SECTION 2. Fugitive from Justice.
1-18 An individual who is determined to be a fugitive from justice
1-19 shall not be issued an approval number. An individual who is a
1-20 fugitive from justice is one for whom a current warrant of arrest
1-21 is outstanding.
1-22 Where a warrant of arrest is found to be outstanding, the
2-1 department shall, within the next working day, confirm the
2-2 existence of such warrant and will, within the next working day
2-3 notify the licensee. Licensees are directed to cooperate with the
2-4 law enforcement agencies throughout this State in securing the
2-5 arrest of individuals who are fugitives from justice who present
2-6 themselves at a licensee's premises for the purpose of acquiring
2-7 firearms.
2-8 Nothing in this Act shall preclude an individual otherwise
2-9 entitled to purchase a firearm from purchasing a firearm.
2-10 SECTION 3. Definitions.
2-11 (a) Firearm. Means any device designed, made or adapted to
2-12 expel a projectile through a barrel by using the energy generated
2-13 by an explosion of burning substance or any device readily
2-14 convertible to that use. Firearm does not include antique or curio
2-15 firearms that were manufactured prior to 1899.
2-16 (b) Transfer. The process by which a firearm is conveyed to
2-17 one person by a licensee for consideration.
2-18 (c) Licensee. Any dealer, seller or purveyor of firearms
2-19 licensed under the Federal Firearms Act.
2-20 (d) On the Premises. On the premises of a licensee includes
2-21 each and every place where a licensee conducts business.
2-22 (e) For purpose of this section, a working day shall be
2-23 construed as a period of time from 8 a.m. to 5 p.m. Monday through
2-24 Friday, excluding holidays.
2-25 (f) Department. Means Department of Public Safety.
2-26 (g) Holidays. Means all days recognized by the Legislature
2-27 of the State of Texas as holidays for state employees, as well as
3-1 those days upon which any county court shall be closed for
3-2 business.
3-3 (h) Section. Means the Firearm Transfer Section of the
3-4 Crime Records Service of Texas Department of Public Safety.
3-5 SECTION 4. Process.
3-6 In each situation where a citizen of this state or a
3-7 non-resident of this state wishes to acquire a firearm in this
3-8 state, before the transfer of the firearm may be completed, the
3-9 licensee must perform the following functions:
3-10 (a) The licensee shall call, on a toll free phone number to
3-11 be operated during hours consistent with the provisions of this
3-12 Act, the Section only for the purpose of securing authorization to
3-13 transfer a firearm.
3-14 (b) The licensee shall provide the licensee's federal
3-15 firearms license number and the state issued control number to the
3-16 Section.
3-17 (c) Personnel in the Section will access information
3-18 available to the Texas Department of Public Safety including
3-19 federal databases established for this purpose to ascertain whether
3-20 or not the individual is a person convicted of a felony under the
3-21 laws of this State or any other state of the United States or the
3-22 individual is a fugitive from justice.
3-23 (d) The inquiry shall be responded to in the timeliest
3-24 manner practicable. Where possible, the response shall be during
3-25 the same phone call. In the event that a response is not possible
3-26 in the same phone call, then the response shall be made by end of
3-27 the next working day.
4-1 (e) Section personnel shall make an examination of the
4-2 records currently available to the Department based upon the
4-3 information provided by the licensee.
4-4 (f) Information to be provided. The licensee must provide
4-5 the Department with all the information contained on the form,
4-6 including but not limited to the full legal name of the individual,
4-7 date of birth, race, gender, Texas driver's license number, if
4-8 available, and social security number and any other identifying
4-9 information made available by the person to the licensee.
4-10 SECTION 5. Responses.
4-11 Section will make one of the following responses to a
4-12 licensee:
4-13 (a) Issue an approval number to the licensee.
4-14 (b) Issue a non-approval number to the licensee.
4-15 (c) Issue a conditional non-approval number to the licensee
4-16 until such time as it can be determined by the Section within the
4-17 next working day that the person is not entitled to receive an
4-18 approval number.
4-19 (d) When the Section has insufficient information to issue
4-20 an approval number, a non-approval number will be issued. The
4-21 individual will be advised by the licensee of the provisions of
4-22 Section 11 of this Act.
4-23 (e) In the event that the conditional non-approval is not
4-24 later approved, then the conditional non-approval number shall
4-25 serve as the number to indicate a non-approval by the Department.
4-26 SECTION 6. Forms.
4-27 Licensees shall purchase from the Department appropriate
5-1 forms which the Department is empowered to design and sell for
5-2 purposes of securing the aforementioned record checks.
5-3 These forms shall contain sufficient blanks and spaces to
5-4 capture all of the information the department deems necessary to
5-5 assure accurate checks. The department may sell said forms in such
5-6 quantities as is deemed appropriate.
5-7 The department shall affix a control number to each form sold
5-8 to a licensee under this Act. These forms shall be bought and paid
5-9 for in advance. Only one firearm may be acquired per form used by
5-10 the licensee.
5-11 SECTION 7. Records.
5-12 (a) The records regarding the activities under this Act
5-13 conducted by the department are not subject to release under the
5-14 Open Records Act.
5-15 (b) The department may retain such records as are necessary
5-16 to satisfy all federal requirements regarding access to National
5-17 Crime Information Center systems and such other records as may be
5-18 deemed necessary and appropriate by the Department to comply with
5-19 all necessary State and federal laws.
5-20 (c) Licensees shall retain records of all transactions
5-21 conducted under this Act.
5-22 (d) Except as otherwise provided, no information shall be
5-23 retained by the Department which will enable an individual to
5-24 identify a particular person as the purchaser of a firearm.
5-25 (e) The Department is not required to take any action other
5-26 than to make a complete examination of the computerized record that
5-27 is assigned to the named individual.
6-1 (f) The Department is authorized to adopt all rules
6-2 necessary for the implementation of the provisions of this Act.
6-3 (g) The department may, by rule, set a fee subject to
6-4 approval by the Public Safety Commission, sufficient to recover the
6-5 actual cost of the administration of this Act.
6-6 SECTION 8. Cost.
6-7 (a) All funds received under this Act shall be transmitted
6-8 by the Department to the Comptroller of Public Accounts for deposit
6-9 in the General Revenue Fund credited to an account to be known as
6-10 the Firearms Criminal Records Transfer Account. Funds deposited in
6-11 that account may be appropriated by the Legislature only for
6-12 purposes of administering the provisions of this Act.
6-13 SECTION 9. Indemnity.
6-14 Each and every action taken by a member of the Department
6-15 shall not give rise to a cause of action in damages; neither shall
6-16 it serve as a basis for a claim or any other attempt to recover
6-17 money damages. The Department of Public Safety, its employees and
6-18 all licensees who are performing duties and responsibilities under
6-19 this Act, are immune from suit under any theory and may not be held
6-20 accountable in damages for any lawful act taken under this Act.
6-21 SECTION 10. Computer Failure.
6-22 In the event the computer systems of the Department are not
6-23 operational at the time that a licensee calls due to an act of God
6-24 or other disaster, war or events not subject to the control of the
6-25 Department, or in the event scheduled computer down time prevents
6-26 accessing the record, then the department shall, at the earliest
6-27 opportunity but not later than one working day after the
7-1 restoration of service, respond to the inquiry.
7-2 SECTION 11. Remedies on Non-approval.
7-3 In the event an individual is not approved for purchase of a
7-4 firearm, that individual shall have only these remedies:
7-5 (a) The individual may contact the department and provide a
7-6 true copy of their fingerprints for purposes of ascertaining the
7-7 correctness of the record. In the event the record is inaccurate,
7-8 the department shall take necessary steps to correct that record.
7-9 The fingerprints shall be taken and situated in a manner and on a
7-10 form as provided by the Department by rule.
7-11 (b) The provisions of Chapter 55 of the Code of Criminal
7-12 Procedure regarding Expunctions may be utilized by persons seeking
7-13 the transfer of firearms under the provisions contained in that
7-14 Act. The fact that an individual has been denied an approval under
7-15 this Act does not serve as a basis for an expunction.
7-16 SECTION 12. Department Hours of Operation.
7-17 The department shall operate the toll free number during the
7-18 period from 9:00 a.m. to 9:00 p.m. on Monday through Saturday.
7-19 Said number shall operate from Noon until 8:00 p.m. on Sundays.
7-20 The department is not required to operate the line on New Years
7-21 Day, Easter Sunday, Memorial Day, Fourth of July, Labor Day,
7-22 Thanksgiving Day, and Christmas Day. The department may suspend
7-23 operations of the phone line after giving 10-day notice in writing
7-24 to each licensee hereunder of the intention of the department to
7-25 not operate on a particular day. The purposes for which this may
7-26 be undertaken is maintenance of equipment, computer updating,
7-27 facilitation of employee work patterns and other good and
8-1 sufficient reasons deemed appropriate by the Director of the
8-2 Department.
8-3 SECTION 13. Surrender of Forms.
8-4 In the event that an individual, who has previously been
8-5 licensed under the Federal Firearms Act to transfer firearms, is no
8-6 longer licensed, then that individual shall immediately surrender
8-7 to the Department all forms purchased by that individual licensee
8-8 under this Act. The department shall cancel such forms and delete
8-9 the individual licensee from the list of approved licensees and
8-10 shall issue no further approvals or non-approvals under the
8-11 appropriate Federal Firearms License and Department control
8-12 numbers.
8-13 SECTION 14. Referral of Violations.
8-14 All violations of the provisions of this Act shall be
8-15 referred to the appropriate law enforcement agency.
8-16 SECTION 15. Offenses.
8-17 (a) A licensee commits an offense if he transfers a firearm
8-18 without complying with the provisions of this Act.
8-19 (b) A person commits an offense if he obtains a firearm
8-20 without complying with the provisions of this Act.
8-21 (c) A licensee commits an offense if the licensee transfers
8-22 a firearm without an approval number.
8-23 (d) Any conduct which violates any other provision of this
8-24 Act, or any rule promulgated under this Act, is an offense and is
8-25 subject to prosecution as a Class A misdemeanor.
8-26 (e) Any employee of the Department who knowingly
8-27 disseminates information in a manner contrary to the provisions of
9-1 this Act or who knowingly violates any provision of this Act, shall
9-2 be guilty of official misconduct and their position with the
9-3 Department may be subject to forfeiture.
9-4 (f) Any employee of the Department who disseminates
9-5 information in a manner contrary to the provisions of this Act for
9-6 remuneration shall be guilty of official misconduct and shall
9-7 forfeit their position with the Department.
9-8 (g) (1) An offense under paragraphs A, B, C, E, G, and H is
9-9 a third degree felony.
9-10 (2) An offense under paragraph F is a second degree
9-11 felony.
9-12 (h) A licensee commits an offense if he fails:
9-13 1) to maintain the necessary records,
9-14 2) to cooperate with any inspection conducted by the
9-15 Department,
9-16 3) to make his records available for inspection,
9-17 4) to maintain records required by the Department; and
9-18 5) to cooperate in investigations conducted under this
9-19 Act.
9-20 (i) A person commits an offense if he manufactures,
9-21 produces, possesses with the intent to use or sell or use an
9-22 authorization form not issued by the department under the
9-23 provisions of this Act.
9-24 SECTION 16. Exception to Application of APTRA.
9-25 The provisions of the Administrative Procedures and Texas
9-26 Register Act do not apply to a review of a non-approval under this
9-27 Act.