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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Do-Not-Sell Registry for |
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firearms. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. TEXAS DO-NOT-SELL REGISTRY |
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Sec. 411.221. DEFINITIONS. In this subchapter: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(2) "Registry" means the Texas Do-Not-Sell Registry |
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created by this subchapter. |
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Sec. 411.222. REGISTRY OF INDIVIDUALS WAIVING RIGHT TO |
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PURCHASE OR RECEIVE TRANSFER OF FIREARM. (a) The department shall |
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establish and maintain a secure electronic registry to collect and |
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store information regarding individuals who have voluntarily |
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waived the right to purchase or receive transfer of a firearm under |
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Section 411.224. |
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(b) To be eligible to have the individual's waiver |
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information included in the registry, an individual must be: |
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(1) a resident of this state; |
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(2) at least 18 years of age; and |
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(3) not otherwise prohibited by state or federal law |
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from possessing a firearm. |
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Sec. 411.223. TEMPORARY OR INDEFINITE WAIVER OF RIGHT TO |
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PURCHASE OR RECEIVE TRANSFER OF FIREARM. An individual seeking to |
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restrict the individual's access to firearms may waive the |
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individual's right to purchase or receive transfer of a firearm: |
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(1) temporarily, with the restriction automatically |
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expiring on the 180th day after the date the waiver is submitted; or |
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(2) indefinitely, with the restriction ending only |
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when the waiver is revoked by the individual. |
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Sec. 411.224. WAIVER PROCEDURE. (a) An individual may |
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submit to the department, on a form prescribed by the department, a |
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waiver of the individual's right to purchase or receive transfer of |
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a firearm. The individual may submit the waiver form to the |
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department either in person or by mail and must include with the |
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form any supplemental materials required by the department under |
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Subsection (d) to ensure accuracy of information on the form. |
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(b) The waiver form must require the individual to provide |
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information sufficient to enable the department to: |
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(1) verify the individual's identity; and |
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(2) submit the information to the Federal Bureau of |
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Investigation for use with the National Instant Criminal Background |
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Check System. |
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(c) The waiver form must allow the individual to specify |
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whether the individual is waiving the right to purchase or receive |
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transfer of a firearm temporarily or indefinitely, as provided by |
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Section 411.223. |
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(d) The department by rule shall require an individual to |
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submit a copy of the individual's government-issued photo |
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identification with the waiver form and may require any other |
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supplemental materials to ensure accuracy of information on the |
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form. The waiver form must include instructions on which |
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supplemental materials should accompany the waiver form, if any. |
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(e) In addition to other requirements specified by |
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department rule, the waiver form must contain the following |
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prominently displayed statement: |
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"BECAUSE YOU HAVE SUBMITTED THIS WAIVER, YOUR INFORMATION |
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WILL BE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK |
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SYSTEM WHICH WILL PREVENT YOU FROM PURCHASING OR RECEIVING TRANSFER |
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OF ANY FIREARMS WHILE THE WAIVER IS IN EFFECT. YOU MAY VOLUNTARILY |
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REVOKE THIS WAIVER BY SUBMITTING A REVOCATION FORM TO THE TEXAS |
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DEPARTMENT OF PUBLIC SAFETY AFTER THE APPROPRIATE WAITING PERIOD." |
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(f) In submitting the waiver, the individual may provide the |
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name and contact information of a third person to be notified if the |
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individual revokes the waiver or attempts to purchase or receive |
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transfer of a firearm while the waiver is in effect. |
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(g) The fact that an individual has submitted a waiver under |
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this section or is listed in the voluntary registry does not in |
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itself prohibit the individual from possessing a firearm under |
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state law. |
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(h) A waiver under this subchapter is valid only if the |
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waiver: |
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(1) is submitted by an individual described by Section |
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411.222(b) for the purpose of waiving that individual's right to |
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purchase or receive transfer of a firearm; |
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(2) provides all of the information required to be |
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included on the waiver form under Subsection (b); and |
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(3) includes any supplemental materials required |
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under Subsection (d). |
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Sec. 411.225. ADDITION TO REGISTRY AND NATIONAL INSTANT |
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CRIMINAL BACKGROUND CHECK SYSTEM. (a) Not later than 24 hours |
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after the department receives a waiver form and any accompanying |
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materials, the department shall determine whether the waiver is |
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valid and meets the requirements of Section 411.224(h). |
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(b) If the department determines that the submitted waiver |
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is valid, the department shall: |
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(1) provide the information from the waiver to the |
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Federal Bureau of Investigation for use with the National Instant |
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Criminal Background Check System; |
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(2) notify the individual by mail that the |
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individual's information has been submitted for inclusion in the |
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National Instant Criminal Background Check System; and |
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(3) as applicable, suspend the individual's license to |
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carry a handgun under Subchapter H. |
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(c) If the department determines that the submitted waiver |
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is not valid, the department shall provide to the individual by |
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mail, as applicable: |
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(1) notice that there is a deficiency in the waiver |
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form or in the supplemental materials submitted with the waiver |
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form, which must include instructions that will assist the |
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individual in correcting the deficiency; or |
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(2) notice that the individual is not eligible to have |
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the individual's information included on the registry. |
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Sec. 411.226. REMOVAL ON EXPIRATION OF TEMPORARY WAIVER. |
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(a) If the department receives a temporary waiver described by |
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Section 411.223(1), on the 180th day after the date the waiver was |
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submitted, the department shall: |
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(1) contact the Federal Bureau of Investigation to |
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request the removal of the individual's information from the |
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National Instant Criminal Background Check System; |
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(2) remove the individual's information from the |
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voluntary registry; and |
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(3) as applicable, reinstate the individual's license |
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to carry a handgun under Subchapter H if the individual is otherwise |
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eligible to hold the license. |
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(b) At least 30 days before the expiration of a temporary |
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waiver described by Section 411.223(1), the department shall notify |
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the person who submitted the waiver that the waiver is about to |
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expire. |
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Sec. 411.227. REVOCATION OF WAIVER; REMOVAL FROM REGISTRY. |
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(a) An individual who has previously submitted a valid waiver to |
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the department and whose information has been included in the |
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registry may revoke the waiver under this subchapter in person or by |
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mail by submitting a revocation to the department on a form |
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prescribed by the department. |
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(b) An individual who has submitted a temporary waiver |
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described by Section 411.223(1) may submit a revocation form not |
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earlier than the 30th day after the date the waiver was submitted. |
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An individual who submitted an indefinite waiver described by |
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Section 411.223(2) may submit a revocation form not earlier than |
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the 90th day after the date the waiver was submitted. |
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(c) The revocation form must require the individual to |
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provide information sufficient to enable the department to verify |
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that the individual submitting the revocation form is the same |
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individual who submitted the waiver. |
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(d) As soon as practicable after the department receives a |
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revocation form, the department shall determine if the revocation |
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is valid. |
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(e) If the department determines that the submitted |
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revocation is valid, the department shall notify both the |
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individual who submitted the revocation form and the third person |
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designated with the submission of the waiver under Section |
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411.224(f), if applicable: |
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(1) that the department has received a revocation |
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form; and |
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(2) of the date by which the department will provide |
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the information from the form to the Federal Bureau of |
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Investigation to enable that agency to remove the individual's |
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information from the National Instant Criminal Background Check |
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System. |
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(f) If the department determines that the submitted |
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revocation is not valid, the department shall provide to the |
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individual by mail: |
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(1) notice that the revocation is deficient; and |
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(2) instructions that will assist the individual in |
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correcting the deficiency. |
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(g) A revocation under this subchapter is valid only if: |
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(1) the individual requesting the revocation submits |
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the revocation form as required by the department; |
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(2) the revocation form provides all of the |
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information required to be included on the form by the department; |
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and |
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(3) the department is able to verify the individual's |
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identity through the information provided on the revocation form. |
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(h) Not later than the third business day after the date the |
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department receives a valid revocation form, the department shall: |
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(1) provide the information from the form to the |
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Federal Bureau of Investigation to enable that agency to remove the |
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individual's information from the National Instant Criminal |
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Background Check System; |
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(2) remove the individual's information from the |
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voluntary registry; and |
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(3) as applicable, reinstate the individual's license |
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to carry a handgun under Subchapter H if the individual is otherwise |
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eligible to hold the license. |
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Sec. 411.228. WAIVERS AND REVOCATIONS BY OTHER INDIVIDUALS |
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NOT PERMITTED. (a) An individual may not submit a waiver or |
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revocation form under this subchapter on behalf of another |
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individual, regardless of the relationship between the |
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individuals. |
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(b) The department may not add or remove an individual's |
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information from the registry based on a waiver or revocation form, |
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as applicable, that is submitted by another individual. |
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Sec. 411.229. MULTIPLE WAIVERS AND REVOCATIONS PERMITTED. |
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An individual may make one or more waivers or revocations of waiver |
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under this subchapter, as the individual considers necessary or |
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appropriate. |
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Sec. 411.230. AVAILABILITY OF FORMS. The department shall |
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make available the waiver form described by Section 411.224 and the |
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revocation form described by Section 411.227 on the department's |
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Internet website. The Internet website must include clear |
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instructions for: |
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(1) completing and submitting a waiver or revocation |
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form; and |
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(2) submitting with the waiver any supplemental |
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materials needed to ensure accuracy of information on the waiver |
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form. |
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Sec. 411.231. CONFIDENTIALITY AND DISCLOSURE OF |
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INFORMATION. (a) Except as provided by Subsection (b), |
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information maintained by the department regarding an individual |
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who has voluntarily waived the right to purchase or receive |
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transfer of a firearm under this subchapter: |
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(1) is confidential and not subject to disclosure |
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under Chapter 552; and |
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(2) may only be disclosed to: |
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(A) a law enforcement officer in connection with |
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a prospective transfer of a firearm; or |
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(B) the individual who is the subject of the |
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information in the form. |
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(b) The department may release anonymized statistics |
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regarding: |
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(1) the number of individuals who submitted waivers |
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under Section 411.224 for inclusion on the registry; |
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(2) the number of individuals who submitted |
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revocations under Section 411.227 for removal of their information |
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from the registry; and |
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(3) the number of individuals whose information is |
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currently included in the registry. |
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Sec. 411.232. ATTEMPTED ACQUISITION OF FIREARM BY LISTED |
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INDIVIDUAL; DUTIES OF LICENSED FIREARMS DEALER AND DEPARTMENT. (a) |
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A licensed firearms dealer licensed under 18 U.S.C. Section 923 who |
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declines to transfer a firearm to a prospective transferee in this |
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state because the prospective transferee is listed in the voluntary |
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registry shall notify the Department of Public Safety. |
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(b) On receipt of a notification under Subsection (a), the |
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department shall notify the third person designated with the |
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submission of the waiver under Section 411.224(f), if applicable. |
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Sec. 411.233. RULES. (a) The director shall adopt rules to |
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establish and maintain the secure electronic registry, including |
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rules prescribing the forms necessary for submission or revocation |
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of a waiver described by this subchapter. The rules may not |
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establish any eligibility requirements to submit a waiver or |
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revocation form other than the requirements under this subchapter. |
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(b) The department by rule shall establish procedures that |
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will enable the department to provide information from a waiver |
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form under Section 411.224 or a revocation form under Section |
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411.227 to the Federal Bureau of Investigation for use with the |
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National Instant Criminal Background Check System. |
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(c) The department by rule shall establish a procedure to |
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correct department records as necessary to accurately reflect an |
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individual's waiver status and a procedure to transmit the |
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corrected records to the Federal Bureau of Investigation. |
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SECTION 2. Not later than September 1, 2026, the Department |
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of Public Safety of the State of Texas shall: |
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(1) develop and make available the waiver and |
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revocation forms and create the voluntary registry required by |
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Subchapter H-1, Chapter 411, Government Code, as added by this Act; |
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(2) adopt the procedures regarding submitting |
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information under Subchapter H-1, Chapter 411, Government Code, as |
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added by this Act, to the Federal Bureau of Investigation for use |
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with the National Instant Criminal Background Check System; and |
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(3) adopt procedures regarding correcting department |
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records of individuals listed in the voluntary registry under |
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Subchapter H-1, Chapter 411, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |