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.