By: Patterson S.B. No. 1669
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the acquisition of firearms by individuals in the State
1-2 of Texas, providing a penalty and declaring emergency.
1-3 SECTION 1. Legislative Intent.
1-4 It is the intention of the legislature by this Act to create
1-5 an orderly system to determine whether or not individuals who seek
1-6 to purchase firearms in this State are persons convicted of felony
1-7 offenses. It is the sense of the Legislature that persons
1-8 convicted of felony offenses should not be permitted to acquire
1-9 firearms in this State.
1-10 To that end, the Legislature directs that this law should be
1-11 construed to accomplish the aforementioned goal and that in any
1-12 situation where doubt exists as to whether or not an individual is
1-13 indeed a convicted felon, no approval should be issued by the
1-14 department.
1-15 SECTION 2. Fugitive from Justice.
1-16 An individual who is determined to be a fugitive from justice
1-17 shall not be issued an approval number. An individual who is a
1-18 fugitive from justice is one for whom a current warrant of arrest
1-19 is outstanding.
1-20 Where a warrant of arrest is found to be outstanding, the
1-21 department shall, within the next working day, confirm the
2-1 existence of such warrant and will, within the next working day
2-2 notify the licensee. Licensees are directed to cooperate with the
2-3 law enforcement agencies throughout this State in securing the
2-4 arrest of individuals who are fugitives from justice who present
2-5 themselves at a licensee's premises for the purpose of acquiring
2-6 firearms.
2-7 Nothing in this Act shall preclude an individual otherwise
2-8 entitled to purchase a firearm from purchasing a firearm.
2-9 SECTION 3. Definitions.
2-10 (A) Firearm. Means any device designed, made or adapted to
2-11 expel a projectile through a barrel by using the energy generated
2-12 by an explosion of burning substance or any device readily
2-13 convertible to that use. Firearm does not include antique or curio
2-14 firearms that were manufactured prior to 1899.
2-15 (B) Transfer. The process by which a firearm is conveyed to
2-16 one person by a licensee for consideration.
2-17 (C) Licensee. Any dealer, seller or purveyor of firearms
2-18 licensed under the Federal Firearms Act.
2-19 (D) On the Premises. On the premises of a licensee includes
2-20 each and every place where a licensee conducts business.
2-21 (E) For purpose of this section, a working day shall be
2-22 construed as a period of time from 8 a.m. to 5 p.m. Monday through
2-23 Friday, excluding holidays.
2-24 (F) Department. Means Department of Public Safety.
2-25 (G) Holidays. Means all days recognized by the Legislature
3-1 of the State of Texas as holidays for state employees, as well as
3-2 those days upon which any county court shall be closed for
3-3 business.
3-4 (H) Section. Means the Firearm Transfer Section of the
3-5 Crime Records Service of Texas Department of Public Safety.
3-6 SECTION 4. Process.
3-7 In each situation where a citizen of this state or a
3-8 non-resident of this state wishes to acquire a firearm in this
3-9 state, before the transfer of the firearm may be completed, the
3-10 licensee must perform the following functions:
3-11 (A) The licensee shall call, on a toll free phone number to
3-12 be operated during hours consistent with the provisions of this
3-13 Act, the Section only for the purpose of securing authorization to
3-14 transfer a firearm.
3-15 (B) The licensee shall provide the licensee's federal
3-16 firearms license number and the state issued control number to the
3-17 Section.
3-18 (C) Personnel in the Section will access information
3-19 available to the Texas Department of Public Safety including
3-20 federal databases established for this purpose to ascertain whether
3-21 or not the individual is a person convicted of a felony under the
3-22 laws of this State or any other state of the United States or the
3-23 individual is a fugitive from justice.
3-24 (D) The inquiry shall be responded to in the timeliest
3-25 manner practicable. Where possible, the response shall be during
4-1 the same phone call. In the event that a response is not possible
4-2 in the same phone call, then the response shall be made by end of
4-3 the next working day.
4-4 (E) Section personnel shall make an examination of the
4-5 records currently available to the Department based upon the
4-6 information provided by the licensee.
4-7 (F) Information to be provided. The licensee must provide
4-8 the Department with all the information contained on the form,
4-9 including but not limited to the full legal name of the individual,
4-10 date of birth, race, gender, Texas driver's license number, if
4-11 available, and social security number and any other identifying
4-12 information made available by the person to the licensee.
4-13 SECTION 5. Responses.
4-14 Section will make one of the following responses to a
4-15 licensee:
4-16 (A) Issue an approval number to the licensee.
4-17 (B) Issue a non-approval number to the licensee.
4-18 (C) Issue a conditional non-approval number to the licensee
4-19 until such time as it can be determined by the Section within the
4-20 next working day that the person is not entitled to receive an
4-21 approval number.
4-22 (D) When the Section has insufficient information to issue
4-23 an approval number, a non-approval number will be issued. The
4-24 individual will be advised by the licensee of the provisions of
4-25 Section 11 of this Act.
5-1 (E) In the event that the conditional non-approval is not
5-2 later approved, then the conditional non-approval number shall
5-3 serve as the number to indicate a non-approval by the Department.
5-4 SECTION 6. Forms.
5-5 Licensees shall purchase from the Department appropriate
5-6 forms which the Department is empowered to design and sell for
5-7 purposes of securing the aforementioned record checks.
5-8 These forms shall contain sufficient blanks and spaces to
5-9 capture all of the information the department deems necessary to
5-10 assure accurate checks. The department may sell said forms in such
5-11 quantities as is deemed appropriate.
5-12 The department shall affix a control number to each form sold
5-13 to a licensee under this Act. These forms shall be bought and paid
5-14 for in advance. Only one firearm may be acquired per form used by
5-15 the licensee.
5-16 SECTION 7. Records.
5-17 (A) The records regarding the activities under this Act
5-18 conducted by the department are not subject to release under the
5-19 Open Records Act.
5-20 (B) The department may retain such records as are necessary
5-21 to satisfy all federal requirements regarding access to National
5-22 Crime Information Center systems and such other records as may be
5-23 deemed necessary and appropriate by the Department to comply with
5-24 all necessary State and federal laws.
5-25 (C) Licensees shall retain records of all transactions
6-1 conducted under this Act.
6-2 (D) Except as otherwise provided, no information shall be
6-3 retained by the Department which will enable an individual to
6-4 identify a particular person as the purchaser of a firearm.
6-5 (E) The Department is not required to take any action other
6-6 than to make a complete examination of the computerized record that
6-7 is assigned to the named individual.
6-8 (F) The Department is authorized to adopt all rules
6-9 necessary for the implementation of the provisions of this Act.
6-10 (G) The department may, by rule, set a fee subject to
6-11 approval by the Public Safety Commission, sufficient to recover the
6-12 actual cost of the administration of this Act.
6-13 SECTION 8. Cost.
6-14 (A) All funds received under this Act shall be transmitted
6-15 by the Department to the Comptroller of Public Accounts for deposit
6-16 in the General Revenue Fund credited to an account to be known as
6-17 the Firearms Criminal Records Transfer Account. Funds deposited in
6-18 that account may be appropriated by the Legislature only for
6-19 purposes of administering the provisions of this Act.
6-20 SECTION 9. Indemnity.
6-21 Each and every action taken by a member of the Department
6-22 shall not give rise to a cause of action in damages; neither shall
6-23 it serve as a basis for a claim or any other attempt to recover
6-24 money damages. The Department of Public Safety, its employees and
6-25 all licensees who are performing duties and responsibilities under
7-1 this Act, are immune from suit under any theory and may not be held
7-2 accountable in damages for any lawful act taken under this Act.
7-3 SECTION 10. Computer Failure.
7-4 In the event the computer systems of the Department are not
7-5 operational at the time that a licensee calls due to an act of God
7-6 or other disaster, war or events not subject to the control of the
7-7 Department, or in the event scheduled computer down time prevents
7-8 accessing the record, then the department shall, at the earliest
7-9 opportunity but not later than one working day after the
7-10 restoration of service, respond to the inquiry.
7-11 SECTION 11. Remedies on Non-approval.
7-12 In the event an individual is not approved for purchase of a
7-13 firearm, that individual shall have only these remedies:
7-14 (A) The individual may contact the department and provide a
7-15 true copy of their fingerprints for purposes of ascertaining the
7-16 correctness of the record. In the event the record is inaccurate,
7-17 the department shall take necessary steps to correct that record.
7-18 The fingerprints shall be taken and situated in a manner and on a
7-19 form as provided by the Department by rule.
7-20 (B) The provisions of Chapter 55 of the Code of Criminal
7-21 Procedure regarding Expunctions may be utilized by persons seeking
7-22 the transfer of firearms under the provisions contained in that
7-23 Act. The fact that an individual has been denied an approval under
7-24 this Act does not serve as a basis for an expunction.
7-25 SECTION 12. Department Hours of Operation.
8-1 The department shall operate the toll free number during the
8-2 period from 9:00 a.m. to 9:00 p.m. on Monday through Saturday.
8-3 Said number shall operate from Noon until 8:00 p.m. on Sundays.
8-4 The department is not required to operate the line on New Years
8-5 Day, Easter Sunday, Memorial Day, Fourth of July, Labor Day,
8-6 Thanksgiving Day, and Christmas Day. The department may suspend
8-7 operations of the phone line after giving 10-day notice in writing
8-8 to each licensee hereunder of the intention of the department to
8-9 not operate on a particular day. The purposes for which this may
8-10 be undertaken is maintenance of equipment, computer updating,
8-11 facilitation of employee work patterns and other good and
8-12 sufficient reasons deemed appropriate by the Director of the
8-13 Department.
8-14 SECTION 13. Surrender of Forms.
8-15 In the event that an individual, who has previously been
8-16 licensed under the Federal Firearms Act to transfer firearms, is no
8-17 longer licensed, then that individual shall immediately surrender
8-18 to the Department all forms purchased by that individual licensee
8-19 under this Act. The department shall cancel such forms and delete
8-20 the individual licensee from the list of approved licensees and
8-21 shall issue no further approvals or non-approvals under the
8-22 appropriate Federal Firearms License and Department control
8-23 numbers.
8-24 SECTION 14. Referral of Violations.
8-25 All violations of the provisions of this Act shall be
9-1 referred to the appropriate law enforcement agency.
9-2 SECTION 15. Offenses.
9-3 (A) A licensee commits an offense if he transfers a firearm
9-4 without complying with the provisions of this Act.
9-5 (B) A person commits an offense if he obtains a firearm
9-6 without complying with the provisions of this Act.
9-7 (C) A licensee commits an offense if the licensee transfers
9-8 a firearm without an approval number.
9-9 (D) Any conduct which violates any other provision of this
9-10 Act, or any rule promulgated under this Act, is an offense and is
9-11 subject to prosecution as a Class A misdemeanor.
9-12 (E) Any employee of the Department who knowingly
9-13 disseminates information in a manner contrary to the provisions of
9-14 this Act or who knowingly violates any provision of this Act, shall
9-15 be guilty of official misconduct and their position with the
9-16 Department may be subject to forfeiture.
9-17 (F) Any employee of the Department who disseminates
9-18 information in a manner contrary to the provisions of this Act for
9-19 remuneration shall be guilty of official misconduct and shall
9-20 forfeit their position with the Department.
9-21 (G) (1) An offense under paragraphs A, B, C, E, G, and H is
9-22 a third degree felony.
9-23 (2) An offense under paragraph F is a second degree
9-24 felony.
9-25 (H) A licensee commits an offense if he fails:
10-1 1) to maintain the necessary records,
10-2 2) to cooperate with any inspection conducted by the
10-3 Department,
10-4 3) to make his records available for inspection,
10-5 4) to maintain records required by the Department; and
10-6 5) to cooperate in investigations conducted under this
10-7 Act.
10-8 (I) A person commits an offense if he manufactures,
10-9 produces, possesses with the intent to use or sell or use an
10-10 authorization form not issued by the department under the
10-11 provisions of this Act.
10-12 SECTION 16. Exception to Application of APTRA.
10-13 The provisions of the Administrative Procedures and Texas
10-14 Register Act do not apply to a review of a non-approval under this
10-15 Act.
10-16 SECTION 17. Identification Required.
10-17 In order to secure the transfer of a firearm in the State of
10-18 Texas an individual must produce a valid driver's license or ID
10-19 certificate issued by the Department, or other currently valid
10-20 photo ID issued by a governmental entity of another state or the
10-21 United States.
10-22 SECTION 18. Cost Recovery by Licensee.
10-23 A licensee is entitled to recover the cost of the form
10-24 purchased from the Department to comply with the provisions of this
10-25 Act. In addition, a licensee may add an administrative fee not to
11-1 exceed $2.50. A licensee is entitled to recover the sum of money
11-2 that includes both the fee paid to the Department by the licensee
11-3 and the administrative cost, prior to the time that the licensee
11-4 contacts the Section for purposes of checking the record, under
11-5 this Act. The fee collected under this section, by the licensee,
11-6 is non-refundable.
11-7 SECTION 19. Notification of Federal Authorities.
11-8 The Department of Public Safety shall notify the appropriate
11-9 federal authorities of any licensee who violates any provision of
11-10 this Act.
11-11 SECTION 20. Errors in Reported Information.
11-12 The Department of Public Safety is not liable or responsible
11-13 for any errors, inaccuracies or omissions in the information which
11-14 has been submitted to it by reporting agencies.
11-15 SECTION 21. Reporting.
11-16 (A) Agencies required to report matters related to criminal
11-17 history record information are directed to promptly report them to
11-18 the Department in accordance with Chapter 60, Texas Code of
11-19 Criminal Procedure.
11-20 (B) Agencies reporting this information shall insure that
11-21 the information is complete, accurate and promptly transmitted to
11-22 the Department for inclusion in the criminal history record file.
11-23 The failure of a reporting agency to properly report the
11-24 information to the Department is not a basis for a claim for
11-25 damages against the Department or the reporting agency.
12-1 (C)(1) A reporting agency that fails to promptly notify the
12-2 Department of information related to criminal history record
12-3 information is subject to being denied access to the computerized
12-4 criminal history files maintained by the Texas Department of Public
12-5 Safety.
12-6 (2) A public servant who intentionally or knowingly
12-7 fails or refuses to report information to the Texas Department of
12-8 Public Safety, which they are required to report, commits an
12-9 offense and is guilty of official misconduct and upon conviction
12-10 shall be removed from office.
12-11 (3) An offense under this section is a third degree
12-12 felony.
12-13 SECTION 22. No Right Established.
12-14 Nothing contained in this Act shall create a right,
12-15 privilege, immunity or entitlement that an individual does not
12-16 already have. The approval of the acquisition of a firearm under
12-17 this Act does not convey any other right, privilege or immunity
12-18 neither does it entitle any individual to any greater rights than
12-19 they would have had without obtaining said approval. The failure
12-20 of the Department to issue an approval for an individual to acquire
12-21 a firearm does not mean anything other than non-approval.
12-22 SECTION 23. Inspection authority.
12-23 (A) The Department shall have the authority to enter, during
12-24 normal business hours, the premises of any individual who is a
12-25 licensed federal firearms dealer and who has secured a control
13-1 number under the provisions of this Act.
13-2 (B) Any Commissioned peace officer of the State of Texas
13-3 shall have the authority to inspect the records of an individual
13-4 licensee regarding transactions consummated under the terms and
13-5 provisions of this Act.
13-6 (C) Licensees are required to make available all records
13-7 maintained under this Act and shall cooperate with any commissioned
13-8 peace officer of the State of Texas conducting an investigation.
13-9 (D) The failure to cooperate in investigation or inspection
13-10 under this Act may result in revocation of a control number.
13-11 SECTION 24. Revocation of Control Numbers.
13-12 (A) In the event a licensee is convicted of an offense under
13-13 this Act, the licensee's control number shall be revoked. In the
13-14 event an individual fails to cooperate in an investigation,
13-15 licensee's control number shall be revoked. In the event the
13-16 Department has reason to believe that the individual licensee is
13-17 conducting operations in violation of this Act and can prove by
13-18 preponderance of the evidence that the licensee is violating this
13-19 Act, then the licensee's control number shall be revoked.
13-20 (B) In the event of the revocation of the licensee's control
13-21 number, the licensee shall no longer be permitted to secure
13-22 approval for the sale of firearms under this Act. Licensee shall
13-23 surrender all unused forms to the Department upon revocation of the
13-24 licensee's control number.
13-25 SECTION 25. Appeal of Revocation.
14-1 An individual licensee whose control number has been revoked,
14-2 shall be entitled to an appeal under the provisions of the
14-3 Administrative Procedures and Texas Register Act, Article 6252-13a,
14-4 V.T.C.S.
14-5 SECTION 26. Administrative subpoena.
14-6 The director of the department or the director's designee may
14-7 issue an administrative subpoena to a licensee to compel the
14-8 production of the licensee's records that;
14-9 (1) disclose information about
14-10 (a) firearms transactions; or
14-11 (b) violations of this Act; and
14-12 (2) are material to a criminal investigation.
14-13 SECTION 27. Information Available to Peace Officers.
14-14 Any peace officer of the State of Texas is entitled to
14-15 request from the Department information retained by it under the
14-16 provisions of this Act for legitimate law enforcement purposes.
14-17 Legitimate law enforcement purposes include, but are not limited
14-18 to, the investigation of criminal activity.
14-19 SECTION 28. Ammunition.
14-20 Nothing in this Act regulates the sale of ammunition for any
14-21 weapon.
14-22 SECTION 29. Applicability.
14-23 Nothing in this Act relates to any firearm that has been
14-24 acquired prior to the effective date of this Act. However, if said
14-25 firearm is subsequently transferred then the provisions of this Act
15-1 shall apply.
15-2 SECTION 30. The importance of this legislation and the
15-3 crowded condition of the calendars in both houses create an
15-4 emergency and an imperative public necessity that the
15-5 constitutional rule requiring bills to be read on three several
15-6 days in each house be suspended, and this rule is hereby suspended.