84R654 AJZ-F
 
  By: Ellis S.B. No. 259
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal history background checks in connection with
  firearm transfers; creating offenses.
         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. FIREARM BACKGROUND CHECKS
         Sec. 411.221.  DEFINITIONS. In this subchapter:
               (1)  "Firearm" has the meaning assigned by 18 U.S.C.
  Section 921(a)(3).
               (2)  "National instant criminal background check
  system" means the national instant criminal background check system
  created by Pub. L. No. 103-159.
               (3)  "Transfer" means the sale or delivery of any
  firearm in this state to a transferee. The term includes redemption
  of a pawned firearm by any person who is not licensed as a federal
  firearms licensee by the Bureau of Alcohol, Tobacco, Firearms and
  Explosives. The term does not include the return or replacement of
  a firearm that has been delivered to a federal firearms licensee for
  the sole purpose of repair or customizing.
               (4)  "Transferee" means any person who is not licensed
  as a federal firearms licensee by the Bureau of Alcohol, Tobacco,
  Firearms and Explosives, or any of its successor agencies, in
  accordance with 18 U.S.C. Chapter 44 and to whom a transferor wishes
  to sell or deliver a firearm.
               (5)  "Transferor" means any licensed importer,
  licensed manufacturer, or licensed dealer as defined by 18 U.S.C.
  Sections 921(a)(9), (10), and (11).
         Sec. 411.222.  STATE POINT OF CONTACT.  The department
  serves as the state point of contact for:
               (1)  implementation of 18 U.S.C. Section 922(t) and all
  federal regulations and all applicable guidelines adopted under
  that law; and
               (2)  the national instant criminal background check
  system.
         Sec. 411.223.  TRANSMISSION OF BACKGROUND CHECK REQUEST.  
  (a) The department, acting as the state point of contact under this
  subchapter, shall transmit to the national instant criminal
  background check system a request for a criminal history background
  check in connection with the prospective transfer of a firearm and
  may also search other databases. The department shall deny a
  transfer of a firearm if the transfer would violate 18 U.S.C.
  Section 922(g) or (n) or any law of this state.
         (b)  In addition to the grounds for denial specified in
  Subsection (a), the department shall deny a transfer of a firearm
  if, on or after the date a request for a criminal history background
  check is initiated, the prospective transferee:
               (1)  is arrested for or charged with an offense for
  which the prospective transferee, if convicted, would be prohibited
  under state or federal law from purchasing, receiving, or
  possessing a firearm and there is no final disposition of the case;
  or
               (2)  is charged with an offense punishable by
  confinement for a term exceeding one year and there is no final
  disposition of the case.
         (c)  The department may cooperate with federal, state, and
  local law enforcement agencies to retrieve or assist any other law
  enforcement agency in retrieving a firearm transferred in violation
  of this subchapter and may assist in any prosecution related to a
  transfer made in violation of this subchapter.
         Sec. 411.224.  PROCESSING INFORMATION.  The department shall
  receive and process information concerning final case disposition
  data in this state within 72 hours after the final disposition of
  the case for purposes of carrying out the department's duties under
  this subchapter.
         Sec. 411.225.  NOTIFICATION OF DENIAL.  (a) On denial of a
  firearm transfer, the department shall notify the transferor and
  send notice of the denial to the national instant criminal
  background check system. The department shall also immediately
  send notification of the denial and the basis for the denial to the
  federal, state, and local law enforcement agencies having
  jurisdiction in the county in which the prospective transferee
  resides and in which the transferor conducts any business.
         (b)  On denial of a firearm transfer, the transferor shall
  provide the prospective transferee with written information
  prepared by the department concerning the procedure by which the
  prospective transferee, within 30 days after the denial, may
  request a review of the denial and of the criminal history record
  information that prompted the denial. Within 30 days after
  receiving a request from a prospective transferee under this
  subsection, the department shall:
               (1)  perform a thorough review of the criminal history
  record information that prompted the denial; and
               (2)  render a final administrative decision regarding
  the denial within 30 days after receiving information from the
  prospective transferee that alleges the transfer was improperly
  denied.
         (c)  If the department withdraws a denial, the department
  shall immediately request that the agency that provided the
  criminal history record information prompting the denial make a
  permanent change to the information as necessary to make the
  information accurate. The department shall also immediately
  provide notification of a withdrawal of a denial to all agencies and
  entities that were previously notified of a denial under Subsection
  (a).
         Sec. 411.226.  INFORMATION ON WARRANTS.  If in the course of
  conducting a criminal history background check under this
  subchapter the department obtains information that indicates the
  prospective transferee is the subject of an outstanding warrant,
  the department shall immediately provide notice of the warrant to
  the federal, state, and local law enforcement agencies having
  jurisdiction in the county in which the prospective transferee
  resides and in which the transferor conducts any business.
         Sec. 411.227.  RULES.  (a) The director or the director's
  designee shall adopt rules necessary to:
               (1)  carry out the duties of the department under this
  subchapter; and
               (2)  ensure the proper maintenance, confidentiality,
  and security of all records and data provided under this
  subchapter.
         (b)  The rules adopted under Subsection (a) must include
  procedures regarding:
               (1)  the manner in which a prospective transferee whose
  transfer is denied may request a review of the denial and of the
  criminal history record information that prompted the denial;
               (2)  the retention of records obtained or created for
  purposes of this subchapter or for implementation of 18 U.S.C.
  Section 922(t), except that the rules must state that the
  department may not retain a record for more than 48 hours after the
  date on which the department approves a transfer; and
               (3)  the collection of information from and proper
  identification of a prospective transferee, including forms
  adopted by the department for those purposes.
         (c)  In addition to the procedures described by Subsection
  (b), the rules adopted under Subsection (a) shall establish
  requirements for the department to:
               (1)  be open for business at least 12 hours each day,
  except Christmas Day and Thanksgiving Day, to transmit the requests
  for criminal history background checks to the national instant
  criminal background check system and to search other databases;
               (2)  provide a toll-free telephone number for any
  person calling from within this state that is operational every day
  that the department is open for business under Subdivision (1); and
               (3)  employ and train personnel as necessary to ensure
  prompt processing of the reasonably anticipated volume of requests
  for criminal history background checks received under this
  subchapter.
         Sec. 411.228.  CIVIL CAUSES OF ACTION.  This subchapter does
  not create a civil cause of action for damages in addition to those
  causes of action available under Chapter 101, Civil Practice and
  Remedies Code.
         Sec. 411.229.  CONFLICT WITH CODE OF CRIMINAL PROCEDURE.  If
  a provision of this subchapter conflicts with a provision of the
  Code of Criminal Procedure governing the transfer of a firearm,
  this subchapter controls.
         Sec. 411.230.  OFFENSES.  (a) A person commits an offense if
  the person:
               (1)  is a transferor who knowingly requests a criminal
  history background check or any specific criminal history record
  information under false pretenses or knowingly disseminates
  criminal history record information to any other person other than
  the subject of the information; or
               (2)  is an agent or employee or former agent or employee
  of the department who knowingly violates this subchapter.
         (b)  An offense under Subsection (a) is a Class A
  misdemeanor.
         (c)  The provisions of Chapter 37, Penal Code, apply to
  statements and actions made as required by this subchapter.
         Sec. 411.231.  IMMUNITIES FOR TRANSFEROR.  A transferor who
  complies with this subchapter is not subject to civil or criminal
  liability or a regulatory sanction that otherwise would arise from
  the lawful transfer or lawful denial of the transfer of a firearm.
         Sec. 411.232.  FAMILY TRANSFERS.  This subchapter does not
  apply to transfers between transferors and transferees related
  within the third degree by consanguinity or within the second
  degree by affinity, as determined under Chapter 573.
         SECTION 2.  Sections 46.06(a) and (b), Penal Code, are
  amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  sells, rents, leases, loans, or gives a handgun to
  any person knowing that the person to whom the handgun is to be
  delivered intends to use it unlawfully or in the commission of an
  unlawful act;
               (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;
               (3)  intentionally, knowingly, or recklessly sells a
  firearm or ammunition for a firearm to any person who is
  intoxicated;
               (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;
               (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]
               (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; or
               (7)  intentionally, knowingly, or recklessly transfers
  a firearm without obtaining approval for the transfer following a
  criminal history background check under Subchapter H-1, Chapter
  411, Government Code, unless the transfer is to a close family
  member.
         (b)  In this section:
               (1)  "Intoxicated" means substantial impairment of
  mental or physical capacity resulting from introduction of any
  substance into the body.
               (2)  "Active protective order" means a protective order
  issued under Title 4, Family Code, that is in effect. The term does
  not include a temporary protective order issued before the court
  holds a hearing on the matter.
               (3)  "Close family member" means related within the
  third degree by consanguinity or within the second degree by
  affinity, as determined under Chapter 573, Government Code.
               (4)  "Transfer" has the meaning assigned by Section
  411.221, Government Code.
         SECTION 3.  The change in law made by this Act to Section
  46.06, Penal Code, 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, 2015.