83R8926 MAW-D
 
  By: West S.B. No. 1348
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain criminal offenses concerning the unlawful
  transfer or purchase of certain weapons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 46.06, Penal Code, is
  amended to read as follows:
         Sec. 46.06.  UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN
  WEAPONS.
         SECTION 2.  Section 46.06, Penal Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsections (a-1)
  and (e) to read as follows:
         (a)  A person commits an offense if the person:
               (1)  sells, rents, leases, loans, or gives a firearm
  [handgun] to any person knowing that the person to whom the firearm
  [handgun] is to be delivered intends to use the firearm [it]
  unlawfully or in the commission of an unlawful act;
               (2)  purchases or offers to purchase a firearm with
  intent to deliver the firearm to a person knowing that the person to
  whom the firearm is to be delivered intends to use the firearm
  unlawfully or in the commission of an unlawful act;
               (3)  knowingly makes a materially false or misleading
  statement in providing information to a person for purposes of
  complying with the national instant criminal background check
  system in the manner required by 18 U.S.C. Section 922; or
               (4)  knowingly conducts, promotes, or facilitates an
  activity under Subdivision (1), (2), or (3).
         (a-1)  A person commits an offense if the person:
               (1) [(2)]  intentionally or knowingly sells, rents,
  leases, or gives or offers to sell, rent, lease, or give to any
  child younger than 18 years any firearm, club, or illegal knife;
               (2) [(3)]  intentionally, knowingly, or recklessly
  sells a firearm or ammunition for a firearm to any person who is
  intoxicated;
               (3) [(4)]  knowingly sells a firearm or ammunition for
  a firearm to any person who has been convicted of a felony before
  the fifth anniversary of the later of the following dates:
                     (A)  the person's release from confinement
  following conviction of the felony; or
                     (B)  the person's release from supervision under
  community supervision, parole, or mandatory supervision following
  conviction of the felony;
               (4) [(5)]  sells, rents, leases, loans, or gives a
  handgun to any person knowing that an active protective order is
  directed to the person to whom the handgun is to be delivered; or
               (5) [(6)]  knowingly purchases, rents, leases, or
  receives as a loan or gift from another a handgun while an active
  protective order is directed to the actor.
         (c)  It is an affirmative defense to prosecution under
  Subsection (a-1)(1) [(a)(2)] that the transfer was to a minor whose
  parent or the person having legal custody of the minor had given
  written permission for the sale or, if the transfer was other than a
  sale, the parent or person having legal custody had given effective
  consent.
         (d)  An offense under Subsection (a) is a felony of the third
  degree, except that the offense is punishable by a maximum term of
  imprisonment of 15 years if it is shown on the trial of the offense
  that the actor directed, managed, or supervised five or more
  individuals engaged in an activity described by Subsection (a)(1),
  (2), or (3).
         (e)  An offense under Subsection (a-1) [this section] is a
  Class A misdemeanor, except that an offense under Subsection
  (a-1)(1) [(a)(2)] is a state jail felony if the weapon that is the
  subject of the offense is a handgun.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2013.