By Turner of Harris                                    H.B. No. 635
         77R1313 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of certain offenses concerning gun shows. 
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 46.01, Penal Code, is amended by adding
 1-5     Subdivisions (17) and (18) to read as follows:
 1-6                 (17)  "Gun  show" means a place other than a permanent
 1-7     retail store, including a driveway, sidewalk or walkway, parking
 1-8     lot, or other parking area, or an event at which:
 1-9                       (A)  three or more individuals assemble to
1-10     display firearms or firearm components to the public; and
1-11                       (B)  a fee is charged for the privilege of
1-12     displaying  the firearms or firearm components or a fee is charged
1-13     for admission to the area where the firearms or components are
1-14     displayed.
1-15                 (18)  "Gun show promoter" means a person who organizes,
1-16     plans, promotes, or operates a gun show.
1-17           SECTION 2.  Chapter 46, Penal Code, is amended by adding
1-18     Section 46.065 to read as follows:
1-19           Sec. 46.065.  CERTAIN REQUIREMENTS RELATING TO GUN SHOWS. (a)
1-20     A person commits an offense if the person knowingly sells a firearm
1-21     to another person in exchange for money or other consideration at a
1-22     gun show without complying with the national instant criminal
1-23     background check system in the manner required by 18 U.S.C. Section
1-24     922, as amended, before completing the sale.
 2-1           (b)  A person commits an offense if the person, with criminal
 2-2     negligence, permits a gun show to be held on property owned by the
 2-3     person without providing technology necessary to connect to the
 2-4     national instant criminal background check system.  A person who
 2-5     provides access to technology as required by this subsection may
 2-6     charge a fee.
 2-7           (c)  It is an exception to the application of Subsection (a)
 2-8     that the person to whom the firearm is sold is:
 2-9                 (1)  licensed to carry a concealed handgun under
2-10     Subchapter H, Chapter 411, Government Code; or
2-11                 (2)  a peace officer.
2-12           (d)  An offense under Subsection (a) or (b) is a Class A
2-13     misdemeanor.
2-14           SECTION 3.  This Act takes effect September 1, 2001.