88R14963 JSC-D
 
  By: Rosenthal H.B. No. 4817
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a handgun safety course required for the transfer of a
  handgun.
         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. HANDGUN SAFETY
         Sec. 411.221.  DEFINITIONS. In this subchapter:
               (1)  "Handgun" has the meaning assigned by Section
  46.01, Penal Code.
               (2)  "Qualified handgun instructor" has the meaning
  assigned by Section 411.171.
         Sec. 411.222.  HANDGUN SAFETY COURSE. (a) The director by
  rule shall establish minimum standards for a handgun safety course
  that a person may complete to receive a certificate of completion
  from the department under this section. The course must be
  administered by a qualified handgun instructor.
         (b)  The department shall issue a certificate of completion
  to a person who completes the handgun safety course under
  Subsection (a).
         (c)  A person is responsible for paying to the course
  provider the costs of a handgun safety course under this section.
         SECTION 2.  Section 46.06(a), Penal Code, is 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 of age any firearm, club, or
  location-restricted 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;
               (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)  while prohibited from possessing a firearm under
  state or federal law, knowingly makes a material false statement on
  a form that is:
                     (A)  required by state or federal law for the
  purchase, sale, or other transfer of a firearm; and
                     (B)  submitted to a [licensed] firearms dealer
  licensed under[, as defined by] 18 U.S.C. Section 923; or
               (8)  sells, rents, leases, loans, or gives a handgun to
  any person without first verifying that the person possesses a
  certificate of completion issued by the Department of Public Safety
  under Section 411.222, Government Code.
         SECTION 3.  The public safety director of the Department of
  Public Safety shall adopt the rules necessary to implement Section
  411.222, Government Code, as added by this Act, not later than
  December 1, 2023.
         SECTION 4.  Section 46.06(a), Penal Code, as amended by this
  Act, applies only to an offense committed on or after January 1,
  2024. An offense committed before January 1, 2024, 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 January 1, 2024, if
  any element of the offense occurred before that date.
         SECTION 5.  To the extent of any conflict, this Act prevails
  over another Act of the 88th Legislature, Regular Session, 2023,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 6.  This Act takes effect September 1, 2023.