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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain firearm transfers, to the |
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unlawful possession or acquisition of a firearm or ammunition, and |
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to reports of lost or stolen firearms; creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Business & Commerce Code, is amended by |
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adding Chapter 205 to read as follows: |
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CHAPTER 205. REGULATION OF PRIVATE FIREARM TRANSFERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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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) "Licensed firearms dealer" means a person who is |
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licensed as a firearms dealer under 18 U.S.C. Section 923. |
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SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR |
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PRIVATE FIREARM TRANSFERS |
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Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK |
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REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or |
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otherwise transfer a firearm to another person unless: |
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(1) the person is a licensed firearms dealer; |
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(2) the person sells or transfers the firearm to a |
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licensed firearms dealer; or |
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(3) before the firearm is delivered to the person to |
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whom the firearm is being sold or transferred, the person selling or |
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transferring the firearm delivers the firearm to a licensed |
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firearms dealer to retain possession of the firearm until the |
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dealer conducts a national instant criminal background check in the |
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manner required by 18 U.S.C. Section 922 and verifies that the |
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person to whom the firearm is being sold or transferred may lawfully |
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possess a firearm. |
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Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a |
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licensed firearms dealer receives a firearm under Section |
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205.051(3), the dealer shall conduct a national instant criminal |
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background check in the manner required by 18 U.S.C. Section 922 to |
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verify that the person to whom the firearm is being sold or |
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transferred may lawfully possess a firearm. |
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(b) If a licensed firearms dealer determines that the person |
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to whom the firearm is being sold or transferred may not lawfully |
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possess a firearm, the dealer shall return the firearm to the person |
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selling or transferring the firearm. |
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(c) If a licensed firearms dealer determines that the person |
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to whom the firearm is being sold or transferred may lawfully |
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possess a firearm, the dealer shall transfer the firearm as |
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directed by the person selling or transferring the firearm. |
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(d) A licensed firearms dealer to whom a firearm is |
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delivered under Section 205.051(3) may collect a reasonable fee |
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from the person who is selling or transferring the firearm. |
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Sec. 205.053. EXCEPTION. This subchapter does not apply |
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to: |
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(1) a transfer of a firearm to a person by inheritance |
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or bequest on the death of the owner of the firearm; or |
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(2) a sale or other transfer of a firearm by the owner |
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of the firearm if the transferor and the transferee are related |
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within the third degree by consanguinity or within the second |
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degree by affinity as determined under Chapter 573, Government |
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Code. |
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Sec. 205.054. OFFENSE. A person who violates this |
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subchapter commits an offense. An offense under this section is a |
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Class A misdemeanor. |
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SECTION 2. Article 14.06(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A peace officer who is charging a person, including a |
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child, with committing an offense that is a Class C misdemeanor, |
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other than an offense under Section 49.02, Penal Code, may, instead |
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of taking the person before a magistrate, issue a citation to the |
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person that contains: |
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(1) written notice of the time and place the person |
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must appear before a magistrate; |
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(2) the name and address of the person charged; |
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(3) the offense charged; |
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(4) information regarding the alternatives to the full |
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payment of any fine or costs assessed against the person, if the |
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person is convicted of the offense and is unable to pay that amount; |
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and |
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(5) the following admonishment, in boldfaced or |
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underlined type or in capital letters: |
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"If you are convicted of a misdemeanor offense involving |
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violence where you are or were a spouse, intimate partner, parent, |
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or guardian of the victim or are or were involved in another, |
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similar relationship with the victim, it may be unlawful for you to |
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possess or acquire [purchase] a firearm, including a handgun or |
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long gun, or ammunition, pursuant to federal law under 18 U.S.C. |
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Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you |
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have any questions whether these laws make it illegal for you to |
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possess or acquire [purchase] a firearm or ammunition, you should |
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consult an attorney. If you make a false statement to the court |
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under oath relating to your possession or acquisition of a firearm |
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or ammunition, you may be subject to prosecution for an offense |
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under Section 37.02, Texas Penal Code." |
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SECTION 3. Article 26.13, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) Before accepting a plea of guilty or a plea of nolo |
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contendere, the court shall admonish the defendant by using the |
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following statement: |
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"If you are convicted of a felony offense, it may be unlawful |
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for you to possess or acquire a firearm, including a handgun or long |
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gun, or ammunition, pursuant to federal law under 18 U.S.C. Section |
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922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any |
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questions whether these laws make it illegal for you to possess or |
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acquire a firearm or ammunition, you should consult an attorney. If |
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you make a false statement to the court under oath relating to your |
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possession or acquisition of a firearm or ammunition, you may be |
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subject to prosecution for an offense under Section 37.02, Texas |
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Penal Code." |
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SECTION 4. Article 27.14(e)(1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(e)(1) Before accepting a plea of guilty or a plea of nolo |
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contendere by a defendant charged with a misdemeanor involving |
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family violence, as defined by Section 71.004, Family Code, the |
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court shall admonish the defendant by using the following |
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statement: |
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"If you are convicted of a misdemeanor offense involving |
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violence where you are or were a spouse, intimate partner, parent, |
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or guardian of the victim or are or were involved in another, |
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similar relationship with the victim, it may be unlawful for you to |
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possess or acquire [purchase] a firearm, including a handgun or |
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long gun, or ammunition, pursuant to federal law under 18 U.S.C. |
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Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you |
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have any questions whether these laws make it illegal for you to |
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possess or acquire [purchase] a firearm or ammunition, you should |
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consult an attorney. If you make a false statement to the court |
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under oath relating to your possession or acquisition of a firearm |
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or ammunition, you may be subject to prosecution for an offense |
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under Section 37.02, Texas Penal Code." |
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SECTION 5. Article 42.0131, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.0131. REQUIRED NOTICE REGARDING FIREARMS AND |
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AMMUNITION [FOR PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY |
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VIOLENCE]. If a person is convicted of a misdemeanor involving |
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family violence, as defined by Section 71.004, Family Code, or of a |
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felony, the court shall notify the person of the fact that: |
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(1) it is unlawful for the person to possess or acquire |
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[transfer] a firearm or ammunition; and |
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(2) a person who makes a false statement to the court |
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under oath relating to the person's possession or acquisition of a |
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firearm or ammunition is subject to prosecution for an offense |
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under Section 37.02, Penal Code. |
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SECTION 6. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.0522 to read as follows: |
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Sec. 411.0522. INVESTIGATION OF LICENSED FIREARMS DEALER |
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NOTIFICATION. (a) If the department receives a notification under |
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Section 46.06(e), Penal Code, from a firearms dealer licensed under |
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18 U.S.C. Section 923, the department shall initiate an |
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investigation. |
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(b) If the department's investigation under this section |
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produces evidence that a person may have violated Section 46.06, |
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Penal Code, the department shall refer the case to the appropriate |
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local authorities for further investigation and possible |
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prosecution. |
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SECTION 7. Subchapter A, Chapter 2002, Insurance Code, is |
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amended by adding Section 2002.007 to read as follows: |
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Sec. 2002.007. PROOF OF LOSS FOR FIREARM COVERAGE. (a) In |
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this section, "personal property insurance" means insurance |
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against damage to or loss of tangible personal property, including |
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coverage provided in a homeowners insurance policy, residential |
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fire and allied lines insurance policy, or farm and ranch owners |
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insurance policy. |
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(b) This section applies to each insurer that provides |
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personal property insurance in this state, including a county |
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mutual insurance company, farm mutual insurance company, Lloyd's |
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plan, and reciprocal or interinsurance exchange. |
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(c) A personal property insurance policy that includes |
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firearm coverage must provide that a report of the loss or theft of |
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a covered firearm submitted to a peace officer or law enforcement |
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agency on or before the 10th day after the date the policyholder |
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became aware the firearm was lost or stolen is sufficient proof of |
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loss for the firearm. |
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SECTION 8. Section 46.06, Penal Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (e) to read |
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as follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that the person to whom the handgun is to be |
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delivered intends to use it unlawfully or in the commission of an |
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unlawful act; |
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(2) intentionally or knowingly sells, rents, leases, |
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or gives or offers to sell, rent, lease, or give to any child |
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younger than 18 years of age any firearm, club, or |
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location-restricted knife; |
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(3) intentionally, knowingly, or recklessly sells a |
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firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(4) knowingly sells a firearm or ammunition for a |
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firearm to any person who has been convicted of a felony before the |
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fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(5) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that an active protective order is directed to |
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the person to whom the handgun is to be delivered; |
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(6) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a handgun while an active protective |
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order is directed to the actor; [or] |
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(7) while prohibited from possessing a firearm under |
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state or federal law, knowingly makes a material false statement on |
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a form that is: |
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(A) required by state or federal law for the |
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purchase, sale, or other transfer of a firearm; and |
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(B) submitted to a firearms dealer licensed under |
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18 U.S.C. Section 923; or |
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(8) knowingly acquires or attempts to acquire a |
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firearm or ammunition while the actor is prohibited from possessing |
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a firearm or ammunition by a state law or a federal law other than 18 |
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U.S.C. Section 922(g)(4). |
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(d) An offense under Subsection (a) [this section] is a |
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Class A misdemeanor, except that: |
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(1) an offense under Subsection (a)(2) is a state jail |
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felony if the weapon that is the subject of the offense is a |
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handgun; and |
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(2) an offense under Subsection (a)(7) is a state jail |
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felony. |
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(e) A firearms dealer licensed under 18 U.S.C. Section 923 |
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who declines to transfer a firearm or ammunition to a prospective |
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transferee because the National Instant Criminal Background Check |
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System indicates that the prospective transferee is prohibited from |
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possessing a firearm and ammunition shall notify the Department of |
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Public Safety. |
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SECTION 9. Chapter 46, Penal Code, is amended by adding |
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Section 46.135 to read as follows: |
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Sec. 46.135. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a) |
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A person commits an offense if the person: |
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(1) owns a firearm that is subsequently lost by or |
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stolen from the person; and |
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(2) fails to report the loss or theft, or cause a |
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report of the loss or theft to be made, to a peace officer or law |
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enforcement agency on or before the 10th day after the date the |
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person became aware the firearm was lost or stolen. |
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(b) An offense under this section is a Class C misdemeanor. |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or under both |
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sections. |
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SECTION 10. (a) Article 14.06, Code of Criminal Procedure, |
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as amended by this Act, and Section 46.06, Penal Code, as amended by |
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this Act, apply only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this subsection, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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(b) Articles 26.13 and 27.14, Code of Criminal Procedure, as |
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amended by this Act, apply to a plea of guilty or a plea of nolo |
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contendere accepted by a court on or after the effective date of |
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this Act, regardless of whether the offense for which the plea was |
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accepted was committed before, on, or after that date. |
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(c) Article 42.0131, Code of Criminal Procedure, as amended |
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by this Act, applies to a judgment of conviction entered on or after |
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the effective date of this Act, regardless of whether the offense of |
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which the defendant is convicted was committed before, on, or after |
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that date. |
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(d) Section 2002.007, Insurance Code, as added by this Act, |
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applies only to an insurance policy delivered, issued for delivery, |
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or renewed on or after January 1, 2026. |
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SECTION 11. This Act takes effect September 1, 2025. |