84R7955 MEW-F
 
  By: Geren H.B. No. 1179
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the duties of certain law enforcement officials under
  procedures regulating the making or transfer of firearms.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 411, Government Code, is amended by
  adding Subchapter H-1 to read as follows:
  SUBCHAPTER H-1. CERTIFICATION TO MAKE OR TRANSFER FIREARM
         Sec. 411.221.  DEFINITIONS. In this section:
               (1)  "Certification" means the process by which a chief
  law enforcement officer provides the certificate required by 27
  C.F.R. Section 479.63 or 479.85 for the approval of an application
  to make or transfer a firearm.
               (2)  "Chief law enforcement officer" means any law
  enforcement official the Bureau of Alcohol, Tobacco, Firearms and
  Explosives, or any of its successor agencies, identifies by
  regulation or otherwise as eligible to provide a required
  certification for the making or transfer of a firearm.
               (3)  "Firearm" has the meaning assigned by 26 U.S.C.
  Section 5845(a).
         Sec. 411.222.  CERTIFICATION. (a)  A chief law enforcement
  officer shall provide certification not later than the 15th day
  after the date of receipt of a request for certification unless the
  chief law enforcement officer is unable to state on the certificate
  that:
               (1)  the identification requirements of 27 C.F.R.
  Section 479.63 or 479.85, as appropriate, are satisfied; or
               (2)  the officer has no information that:
                     (A)  possession of a firearm by the maker or
  transferee would violate state or local law; or
                     (B)  the maker or transferee would use the firearm
  for other than a lawful purpose.
         (b)  If the chief law enforcement officer is unable to
  provide certification under Subsection (a), the chief law
  enforcement officer shall provide the person who requested the
  certification with a written notification of the denial, including
  the reason for the denial under 27 C.F.R. Section 479.63 or 479.85.
         Sec. 411.223.  APPEAL FROM DENIAL. (a)  If a chief law
  enforcement officer denies a request for certification, the person
  who requested the certification may appeal the chief law
  enforcement officer's decision to the district court of the county
  in which the person resides.
         (b)  The review of the chief law enforcement officer's
  decision to deny the certification shall be by trial de novo.
         (c)  If the court finds that no substantial evidence supports
  the chief law enforcement officer's determination that the chief
  law enforcement officer cannot legally make the certification, the
  court shall:
               (1)  order the chief law enforcement officer to issue
  the certification; and
               (2)  award court costs and reasonable attorney's fees
  to the person who requested the certification.
         Sec. 411.224.  IMMUNITY FROM LIABILITY. A chief law
  enforcement officer or an employee of a chief law enforcement
  officer who, in good faith, provides a certification as described
  by Section 411.222 is immune from civil or criminal liability
  resulting from the certification.
         SECTION 2.  This Act takes effect September 1, 2015.