Texas 2019 - 86th Regular

Texas House Bill HB1207 Compare Versions

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

Old	New	Differences
1	1	86R5394 ADM-D
2	2	By: Rodriguez H.B. No. 1207
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reporting the loss or theft of a firearm; creating a
8	8	criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 42, Code of Criminal Procedure, is
11	11	amended by adding Article 42.0184 to read as follows:
12	12	Art. 42.0184. NOTICE OF FAILURE TO REPORT LOST OR STOLEN
13	13	FIREARM. Not later than the fifth day after the date a person is
14	14	convicted of or placed on deferred adjudication community
15	15	supervision for an offense under Section 46.135, Penal Code, the
16	16	clerk of the court in which the judgment of conviction or order of
17	17	deferred adjudication community supervision is entered shall
18	18	provide to the Department of Public Safety written notice of the
19	19	conviction or deferred adjudication, including the following
20	20	information as established by the record in the case:
21	21	(1) the name of the defendant and any available
22	22	information about the firearm that was lost or stolen;
23	23	(2) the date that the defendant became aware the
24	24	firearm was lost or stolen; and
25	25	(3) the date by which the defendant should have
26	26	reported the loss or theft to a peace officer or law enforcement
27	27	agency.
28	28	SECTION 2. Subchapter D, Chapter 411, Government Code, is
29	29	amended by adding Section 411.055 to read as follows:
30	30	Sec. 411.055. REPORT TO DEPARTMENT OF LOST OR STOLEN
31	31	FIREARM. (a) A peace officer who receives a report from the owner
32	32	of a firearm or the owner's agent that the firearm was lost or
33	33	stolen shall report the loss or theft to the department. The report
34	34	must include the following information:
35	35	(1) the name of the owner and any available
36	36	information about the firearm; and
37	37	(2) the date that the owner became aware the firearm
38	38	was lost or stolen.
39	39	(b) The department shall maintain a report received under
40	40	Subsection (a) or notice received under Article 42.0184, Code of
41	41	Criminal Procedure, until the fifth anniversary of the date that
42	42	the owner whose firearm is the subject of the report became aware
43	43	the firearm was lost or stolen.
44	44	SECTION 3. Section 411.172(a), Government Code, is amended
45	45	to read as follows:
46	46	(a) A person is eligible for a license to carry a handgun if
47	47	the person:
48	48	(1) is a legal resident of this state for the six-month
49	49	period preceding the date of application under this subchapter or
50	50	is otherwise eligible for a license under Section 411.173(a);
51	51	(2) is at least 21 years of age;
52	52	(3) has not been convicted of a felony;
53	53	(4) is not charged with the commission of a Class A or
54	54	Class B misdemeanor or equivalent offense, or of an offense under
55	55	Section 42.01, Penal Code, or equivalent offense, or of a felony
56	56	under an information or indictment;
57	57	(5) is not a fugitive from justice for a felony or a
58	58	Class A or Class B misdemeanor or equivalent offense;
59	59	(6) is not a chemically dependent person;
60	60	(7) is not incapable of exercising sound judgment with
61	61	respect to the proper use and storage of a handgun;
62	62	(8) has not, in the five years preceding the date of
63	63	application, been convicted of a Class A or Class B misdemeanor or
64	64	equivalent offense, [or] of an offense under Section 42.01, Penal
65	65	Code, or equivalent offense, or of an offense under Section 46.135,
66	66	Penal Code;
67	67	(9) is fully qualified under applicable federal and
68	68	state law to purchase a handgun;
69	69	(10) has not been finally determined to be delinquent
70	70	in making a child support payment administered or collected by the
71	71	attorney general;
72	72	(11) has not been finally determined to be delinquent
73	73	in the payment of a tax or other money collected by the comptroller,
74	74	the tax collector of a political subdivision of the state, or any
75	75	agency or subdivision of the state;
76	76	(12) is not currently restricted under a court
77	77	protective order or subject to a restraining order affecting the
78	78	spousal relationship, other than a restraining order solely
79	79	affecting property interests;
80	80	(13) has not, in the 10 years preceding the date of
81	81	application, been adjudicated as having engaged in delinquent
82	82	conduct violating a penal law of the grade of felony; and
83	83	(14) has not made any material misrepresentation, or
84	84	failed to disclose any material fact, in an application submitted
85	85	pursuant to Section 411.174.
86	86	SECTION 4. Section 411.176(a), Government Code, is amended
87	87	to read as follows:
88	88	(a) On receipt of application materials by the department at
89	89	its Austin headquarters, the department shall conduct the
90	90	appropriate criminal history record check of the applicant through
91	91	its computerized criminal history system and shall review any
92	92	records received under Article 42.0184, Code of Criminal Procedure,
93	93	that concern the applicant. Not later than the 30th day after the
94	94	date the department receives the application materials, the
95	95	department shall forward the materials to the director's designee
96	96	in the geographical area of the applicant's residence so that the
97	97	designee may conduct the investigation described by Subsection (b).
98	98	For purposes of this section, the director's designee may be a
99	99	noncommissioned employee of the department.
100	100	SECTION 5. Section 411.186(a), Government Code, is amended
101	101	to read as follows:
102	102	(a) The department shall revoke a license under this section
103	103	if the license holder:
104	104	(1) was not entitled to the license at the time it was
105	105	issued;
106	106	(2) made a material misrepresentation or failed to
107	107	disclose a material fact in an application submitted under this
108	108	subchapter;
109	109	(3) subsequently becomes ineligible for a license
110	110	under Section 411.172, unless the sole basis for the ineligibility
111	111	is that the license holder is charged with the commission of a Class
112	112	A or Class B misdemeanor or equivalent offense, or of an offense
113	113	under Section 42.01, Penal Code, or equivalent offense, or of a
114	114	felony under an information or indictment;
115	115	(4) is convicted of an offense under Section 46.035 or
116	116	46.135, Penal Code;
117	117	(5) is determined by the department to have engaged in
118	118	conduct constituting a reason to suspend a license listed in
119	119	Section 411.187(a) after the person's license has been previously
120	120	suspended twice for the same reason; or
121	121	(6) submits an application fee that is dishonored or
122	122	reversed if the applicant fails to submit a cashier's check or money
123	123	order made payable to the "Department of Public Safety of the State
124	124	of Texas" in the amount of the dishonored or reversed fee, plus $25,
125	125	within 30 days of being notified by the department that the fee was
126	126	dishonored or reversed.
127	127	SECTION 6. Chapter 46, Penal Code, is amended by adding
128	128	Section 46.135 to read as follows:
129	129	Sec. 46.135. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a)
130	130	A person commits an offense if the person:
131	131	(1) owns a firearm that is subsequently lost by or
132	132	stolen from the person; and
133	133	(2) fails to report the loss or theft, or cause a
134	134	report of the loss or theft to be made, to a peace officer or law
135	135	enforcement agency on or before the fifth day after the date the
136	136	person became aware the firearm was lost or stolen.
137	137	(b) An offense under this section is a Class C misdemeanor.
138	138	(c) If conduct constituting an offense under this section
139	139	also constitutes an offense under another section of this code, the
140	140	actor may be prosecuted under either section or under both
141	141	sections.
142	142	SECTION 7. Sections 411.172(a)(8) and 411.186(a)(4),
143	143	Government Code, as amended by this Act, and Section 46.135, Penal
144	144	Code, as added by this Act, apply only to a firearm that is lost or
145	145	stolen on or after the effective date of this Act. A firearm that
146	146	was lost or stolen before the effective date of this Act is governed
147	147	by the law in effect on the date the firearm was lost or stolen, and
148	148	the former law is continued in effect for that purpose.
149	149	SECTION 8. This Act takes effect September 1, 2019.