Texas 2017 - 85th Regular

Texas House Bill HB4200 Compare Versions

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

Old	New	Differences
1	1	85R13338 JSC-F
2	2	By: Hinojosa H.B. No. 4200
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the acquisition or attempted acquisition of a firearm
8	8	by a person prohibited from possessing a firearm.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 46.06, Penal Code, is amended by
11	11	amending Subsection (a) and adding Subsection (e) to read as
12	12	follows:
13	13	(a) A person commits an offense if the person:
14	14	(1) sells, rents, leases, loans, or gives a handgun to
15	15	any person knowing that the person to whom the handgun is to be
16	16	delivered intends to use it unlawfully or in the commission of an
17	17	unlawful act;
18	18	(2) intentionally or knowingly sells, rents, leases,
19	19	or gives or offers to sell, rent, lease, or give to any child
20	20	younger than 18 years any firearm, club, or illegal knife;
21	21	(3) intentionally, knowingly, or recklessly sells a
22	22	firearm or ammunition for a firearm to any person who is
23	23	intoxicated;
24	24	(4) knowingly sells a firearm or ammunition for a
25	25	firearm to any person who has been convicted of a felony before the
26	26	fifth anniversary of the later of the following dates:
27	27	(A) the person's release from confinement
28	28	following conviction of the felony; or
29	29	(B) the person's release from supervision under
30	30	community supervision, parole, or mandatory supervision following
31	31	conviction of the felony;
32	32	(5) sells, rents, leases, loans, or gives a handgun to
33	33	any person knowing that an active protective order is directed to
34	34	the person to whom the handgun is to be delivered; [or]
35	35	(6) knowingly purchases, rents, leases, or receives as
36	36	a loan or gift from another a handgun while an active protective
37	37	order is directed to the actor; or
38	38	(7) knowingly acquires or attempts to acquire a
39	39	firearm, while the actor is prohibited from possessing a firearm by
40	40	state or federal law.
41	41	(e) A licensed firearms dealer under the Brady Handgun
42	42	Violence Prevention Act, 18 U.S.C. Section 922, who declines to
43	43	transfer a firearm to a prospective transferee because the National
44	44	Instant Criminal Background Check System indicates that the
45	45	prospective transferee is prohibited from possessing a firearm
46	46	shall notify the Department of Public Safety.
47	47	SECTION 2. Subchapter D, Chapter 411, Government Code, is
48	48	amended by adding Section 411.0525 to read as follows:
49	49	Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER
50	50	REPORT. (a) If the department receives a report under Section
51	51	46.06(e), Penal Code, from a licensed firearms dealer under the
52	52	Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, that
53	53	a person prohibited from possessing a firearm has attempted to
54	54	acquire a firearm, the department shall initiate an investigation.
55	55	(b) If the department's investigation under this section
56	56	produces evidence that a person may have violated Section 46.06,
57	57	Penal Code, the department shall refer the case to the appropriate
58	58	local authorities for further investigation and possible
59	59	prosecution.
60	60	SECTION 3. The change in law made by this Act applies only
61	61	to an offense committed on or after the effective date of this Act.
62	62	An offense committed before the effective date of this Act is
63	63	governed by the law in effect on the date the offense was committed,
64	64	and the former law is continued in effect for that purpose. For
65	65	purposes of this section, an offense was committed before the
66	66	effective date of this Act if any element of the offense occurred
67	67	before that date.
68	68	SECTION 4. This Act takes effect September 1, 2017.