HBA-RBT H.B. 1199 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1199 By: Danburg Public Safety 4/8/1999 Introduced BACKGROUND AND PURPOSE According to a January 1999 report by the United States Treasury Department and the Department of Justice, criminal investigations by the Bureau of Alcohol, Tobacco, and Firearms (ATF) reveal a wide variety of violations occurring at gun shows and substantial numbers of firearms associated with gun shows being used in drug crimes and crimes of violence, as well as being passed illegally to juveniles. Instant background checks are currently not required under federal law and the casual atmosphere at gun shows has allowed felons, although prohibited from acquiring firearms, to purchase firearms at gun shows. H.B. 1199 prohibits sales of firearms at gun shows to persons who do not have a license to carry a concealed handgun, unless the seller performs an instant background check before completing the sale. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 46.01, Penal Code, by adding Subdivision (17), as follows: (17) Defines "gun show." SECTION 2. Amends Chapter 46, Penal Code, by adding Section 46.065, as follows: Sec. 46.065. CERTAIN FIREARM SALES AT GUN SHOW PROHIBITED. Provides that a person commits a felony of the third degree if the person knowingly sells a firearm in exchange for money or other consideration at a gun show to another person who is not licensed to carry a concealed handgun. Provides that this section does not apply if the seller complies with the national instant criminal background check system in the manner required by federal law before completing the sale. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.