Texas 2015 - 84th Regular

Texas Senate Bill SB259 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R654 AJZ-F
2	2	By: Ellis S.B. No. 259
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to criminal history background checks in connection with
8	8	firearm transfers; creating offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 411, Government Code, is amended by
11	11	adding Subchapter H-1 to read as follows:
12	12	SUBCHAPTER H-1. FIREARM BACKGROUND CHECKS
13	13	Sec. 411.221. DEFINITIONS. In this subchapter:
14	14	(1) "Firearm" has the meaning assigned by 18 U.S.C.
15	15	Section 921(a)(3).
16	16	(2) "National instant criminal background check
17	17	system" means the national instant criminal background check system
18	18	created by Pub. L. No. 103-159.
19	19	(3) "Transfer" means the sale or delivery of any
20	20	firearm in this state to a transferee. The term includes redemption
21	21	of a pawned firearm by any person who is not licensed as a federal
22	22	firearms licensee by the Bureau of Alcohol, Tobacco, Firearms and
23	23	Explosives. The term does not include the return or replacement of
24	24	a firearm that has been delivered to a federal firearms licensee for
25	25	the sole purpose of repair or customizing.
26	26	(4) "Transferee" means any person who is not licensed
27	27	as a federal firearms licensee by the Bureau of Alcohol, Tobacco,
28	28	Firearms and Explosives, or any of its successor agencies, in
29	29	accordance with 18 U.S.C. Chapter 44 and to whom a transferor wishes
30	30	to sell or deliver a firearm.
31	31	(5) "Transferor" means any licensed importer,
32	32	licensed manufacturer, or licensed dealer as defined by 18 U.S.C.
33	33	Sections 921(a)(9), (10), and (11).
34	34	Sec. 411.222. STATE POINT OF CONTACT. The department
35	35	serves as the state point of contact for:
36	36	(1) implementation of 18 U.S.C. Section 922(t) and all
37	37	federal regulations and all applicable guidelines adopted under
38	38	that law; and
39	39	(2) the national instant criminal background check
40	40	system.
41	41	Sec. 411.223. TRANSMISSION OF BACKGROUND CHECK REQUEST.
42	42	(a) The department, acting as the state point of contact under this
43	43	subchapter, shall transmit to the national instant criminal
44	44	background check system a request for a criminal history background
45	45	check in connection with the prospective transfer of a firearm and
46	46	may also search other databases. The department shall deny a
47	47	transfer of a firearm if the transfer would violate 18 U.S.C.
48	48	Section 922(g) or (n) or any law of this state.
49	49	(b) In addition to the grounds for denial specified in
50	50	Subsection (a), the department shall deny a transfer of a firearm
51	51	if, on or after the date a request for a criminal history background
52	52	check is initiated, the prospective transferee:
53	53	(1) is arrested for or charged with an offense for
54	54	which the prospective transferee, if convicted, would be prohibited
55	55	under state or federal law from purchasing, receiving, or
56	56	possessing a firearm and there is no final disposition of the case;
57	57	or
58	58	(2) is charged with an offense punishable by
59	59	confinement for a term exceeding one year and there is no final
60	60	disposition of the case.
61	61	(c) The department may cooperate with federal, state, and
62	62	local law enforcement agencies to retrieve or assist any other law
63	63	enforcement agency in retrieving a firearm transferred in violation
64	64	of this subchapter and may assist in any prosecution related to a
65	65	transfer made in violation of this subchapter.
66	66	Sec. 411.224. PROCESSING INFORMATION. The department shall
67	67	receive and process information concerning final case disposition
68	68	data in this state within 72 hours after the final disposition of
69	69	the case for purposes of carrying out the department's duties under
70	70	this subchapter.
71	71	Sec. 411.225. NOTIFICATION OF DENIAL. (a) On denial of a
72	72	firearm transfer, the department shall notify the transferor and
73	73	send notice of the denial to the national instant criminal
74	74	background check system. The department shall also immediately
75	75	send notification of the denial and the basis for the denial to the
76	76	federal, state, and local law enforcement agencies having
77	77	jurisdiction in the county in which the prospective transferee
78	78	resides and in which the transferor conducts any business.
79	79	(b) On denial of a firearm transfer, the transferor shall
80	80	provide the prospective transferee with written information
81	81	prepared by the department concerning the procedure by which the
82	82	prospective transferee, within 30 days after the denial, may
83	83	request a review of the denial and of the criminal history record
84	84	information that prompted the denial. Within 30 days after
85	85	receiving a request from a prospective transferee under this
86	86	subsection, the department shall:
87	87	(1) perform a thorough review of the criminal history
88	88	record information that prompted the denial; and
89	89	(2) render a final administrative decision regarding
90	90	the denial within 30 days after receiving information from the
91	91	prospective transferee that alleges the transfer was improperly
92	92	denied.
93	93	(c) If the department withdraws a denial, the department
94	94	shall immediately request that the agency that provided the
95	95	criminal history record information prompting the denial make a
96	96	permanent change to the information as necessary to make the
97	97	information accurate. The department shall also immediately
98	98	provide notification of a withdrawal of a denial to all agencies and
99	99	entities that were previously notified of a denial under Subsection
100	100	(a).
101	101	Sec. 411.226. INFORMATION ON WARRANTS. If in the course of
102	102	conducting a criminal history background check under this
103	103	subchapter the department obtains information that indicates the
104	104	prospective transferee is the subject of an outstanding warrant,
105	105	the department shall immediately provide notice of the warrant to
106	106	the federal, state, and local law enforcement agencies having
107	107	jurisdiction in the county in which the prospective transferee
108	108	resides and in which the transferor conducts any business.
109	109	Sec. 411.227. RULES. (a) The director or the director's
110	110	designee shall adopt rules necessary to:
111	111	(1) carry out the duties of the department under this
112	112	subchapter; and
113	113	(2) ensure the proper maintenance, confidentiality,
114	114	and security of all records and data provided under this
115	115	subchapter.
116	116	(b) The rules adopted under Subsection (a) must include
117	117	procedures regarding:
118	118	(1) the manner in which a prospective transferee whose
119	119	transfer is denied may request a review of the denial and of the
120	120	criminal history record information that prompted the denial;
121	121	(2) the retention of records obtained or created for
122	122	purposes of this subchapter or for implementation of 18 U.S.C.
123	123	Section 922(t), except that the rules must state that the
124	124	department may not retain a record for more than 48 hours after the
125	125	date on which the department approves a transfer; and
126	126	(3) the collection of information from and proper
127	127	identification of a prospective transferee, including forms
128	128	adopted by the department for those purposes.
129	129	(c) In addition to the procedures described by Subsection
130	130	(b), the rules adopted under Subsection (a) shall establish
131	131	requirements for the department to:
132	132	(1) be open for business at least 12 hours each day,
133	133	except Christmas Day and Thanksgiving Day, to transmit the requests
134	134	for criminal history background checks to the national instant
135	135	criminal background check system and to search other databases;
136	136	(2) provide a toll-free telephone number for any
137	137	person calling from within this state that is operational every day
138	138	that the department is open for business under Subdivision (1); and
139	139	(3) employ and train personnel as necessary to ensure
140	140	prompt processing of the reasonably anticipated volume of requests
141	141	for criminal history background checks received under this
142	142	subchapter.
143	143	Sec. 411.228. CIVIL CAUSES OF ACTION. This subchapter does
144	144	not create a civil cause of action for damages in addition to those
145	145	causes of action available under Chapter 101, Civil Practice and
146	146	Remedies Code.
147	147	Sec. 411.229. CONFLICT WITH CODE OF CRIMINAL PROCEDURE. If
148	148	a provision of this subchapter conflicts with a provision of the
149	149	Code of Criminal Procedure governing the transfer of a firearm,
150	150	this subchapter controls.
151	151	Sec. 411.230. OFFENSES. (a) A person commits an offense if
152	152	the person:
153	153	(1) is a transferor who knowingly requests a criminal
154	154	history background check or any specific criminal history record
155	155	information under false pretenses or knowingly disseminates
156	156	criminal history record information to any other person other than
157	157	the subject of the information; or
158	158	(2) is an agent or employee or former agent or employee
159	159	of the department who knowingly violates this subchapter.
160	160	(b) An offense under Subsection (a) is a Class A
161	161	misdemeanor.
162	162	(c) The provisions of Chapter 37, Penal Code, apply to
163	163	statements and actions made as required by this subchapter.
164	164	Sec. 411.231. IMMUNITIES FOR TRANSFEROR. A transferor who
165	165	complies with this subchapter is not subject to civil or criminal
166	166	liability or a regulatory sanction that otherwise would arise from
167	167	the lawful transfer or lawful denial of the transfer of a firearm.
168	168	Sec. 411.232. FAMILY TRANSFERS. This subchapter does not
169	169	apply to transfers between transferors and transferees related
170	170	within the third degree by consanguinity or within the second
171	171	degree by affinity, as determined under Chapter 573.
172	172	SECTION 2. Sections 46.06(a) and (b), Penal Code, are
173	173	amended to read as follows:
174	174	(a) A person commits an offense if the person:
175	175	(1) sells, rents, leases, loans, or gives a handgun to
176	176	any person knowing that the person to whom the handgun is to be
177	177	delivered intends to use it unlawfully or in the commission of an
178	178	unlawful act;
179	179	(2) intentionally or knowingly sells, rents, leases,
180	180	or gives or offers to sell, rent, lease, or give to any child
181	181	younger than 18 years any firearm, club, or illegal knife;
182	182	(3) intentionally, knowingly, or recklessly sells a
183	183	firearm or ammunition for a firearm to any person who is
184	184	intoxicated;
185	185	(4) knowingly sells a firearm or ammunition for a
186	186	firearm to any person who has been convicted of a felony before the
187	187	fifth anniversary of the later of the following dates:
188	188	(A) the person's release from confinement
189	189	following conviction of the felony; or
190	190	(B) the person's release from supervision under
191	191	community supervision, parole, or mandatory supervision following
192	192	conviction of the felony;
193	193	(5) sells, rents, leases, loans, or gives a handgun to
194	194	any person knowing that an active protective order is directed to
195	195	the person to whom the handgun is to be delivered; [or]
196	196	(6) knowingly purchases, rents, leases, or receives as
197	197	a loan or gift from another a handgun while an active protective
198	198	order is directed to the actor; or
199	199	(7) intentionally, knowingly, or recklessly transfers
200	200	a firearm without obtaining approval for the transfer following a
201	201	criminal history background check under Subchapter H-1, Chapter
202	202	411, Government Code, unless the transfer is to a close family
203	203	member.
204	204	(b) In this section:
205	205	(1) "Intoxicated" means substantial impairment of
206	206	mental or physical capacity resulting from introduction of any
207	207	substance into the body.
208	208	(2) "Active protective order" means a protective order
209	209	issued under Title 4, Family Code, that is in effect. The term does
210	210	not include a temporary protective order issued before the court
211	211	holds a hearing on the matter.
212	212	(3) "Close family member" means related within the
213	213	third degree by consanguinity or within the second degree by
214	214	affinity, as determined under Chapter 573, Government Code.
215	215	(4) "Transfer" has the meaning assigned by Section
216	216	411.221, Government Code.
217	217	SECTION 3. The change in law made by this Act to Section
218	218	46.06, Penal Code, applies only to an offense committed on or after
219	219	the effective date of this Act. An offense committed before the
220	220	effective date of this Act is governed by the law in effect on the
221	221	date the offense was committed, and the former law is continued in
222	222	effect for that purpose. For purposes of this section, an offense
223	223	was committed before the effective date of this Act if any element
224	224	of the offense occurred before that date.
225	225	SECTION 4. This Act takes effect September 1, 2015.