88R4636 EAS-D
 
  By: Eckhardt S.B. No. 405
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reporting of lost or stolen firearms; creating a
  criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 411, Government Code, is
  amended by adding Section 411.056 to read as follows:
         Sec. 411.056.  REPORT OF LOST OR STOLEN FIREARM. (a) A
  peace officer who receives a report from the owner of a firearm or
  the owner's agent that the firearm was lost or stolen shall report
  the loss or theft to the department. The report must include:
               (1)  the name of the owner;
               (2)  any available information about the firearm; and
               (3)  the date that the owner became aware the firearm
  was lost or stolen.
         (b)  The department shall regularly send all reports
  received under Subsection (a) to the National Crime Information
  Center.
         SECTION 2.  Chapter 46, Penal Code, is amended by adding
  Section 46.135 to read as follows:
         Sec. 46.135.  FAILURE TO REPORT LOST OR STOLEN FIREARM. (a)
  A person commits an offense if the person:
               (1)  owns a firearm that is subsequently lost by or
  stolen from the person; and
               (2)  fails to report the loss or theft, or cause a
  report of the loss or theft to be made, to a peace officer or law
  enforcement agency not later than 24 hours after the time the person
  became aware the firearm was lost or stolen.
         (b)  An offense under this section is a Class C misdemeanor,
  except that the offense is a Class B misdemeanor if it is shown on
  the trial of the offense that the defendant has been previously
  convicted of an offense under this section.
         (c)  If conduct constituting an offense under this section
  also constitutes an offense under another section of this code, the
  actor may be prosecuted under either section or under both
  sections.
         SECTION 3.  This Act takes effect September 1, 2023.