Texas 2019 - 86th Regular

Texas House Bill HB4496 Compare Versions

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

Old	New	Differences
1	1	By: Hinojosa H.B. No. 4496
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the criminal offense of acquisition or attempted
7	7	acquisition of a firearm by a person prohibited from possessing a
8	8	firearm; creating a criminal offense.
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 of age any firearm, club, or
21	21	location-restricted knife;
22	22	(3) intentionally, knowingly, or recklessly sells a
23	23	firearm or ammunition for a firearm to any person who is
24	24	intoxicated;
25	25	(4) knowingly sells a firearm or ammunition for a
26	26	firearm to any person who has been convicted of a felony before the
27	27	fifth anniversary of the later of the following dates:
28	28	(A) the person's release from confinement
29	29	following conviction of the felony; or
30	30	(B) the person's release from supervision under
31	31	community supervision, parole, or mandatory supervision following
32	32	conviction of the felony;
33	33	(5) sells, rents, leases, loans, or gives a handgun to
34	34	any person knowing that an active protective order is directed to
35	35	the person to whom the handgun is to be delivered; [or]
36	36	(6) knowingly purchases, rents, leases, or receives as
37	37	a loan or gift from another a handgun while an active protective
38	38	order is directed to the actor; or
39	39	(7) knowingly acquires or attempts to acquire a
40	40	firearm, while the actor is prohibited from possessing a firearm by
41	41	a state law or a federal law other than 18 U.S.C. Section 922(g)(4).
42	42	(e) A licensed firearms dealer under the Brady Handgun
43	43	Violence Prevention Act, 18 U.S.C. Section 922, who declines to
44	44	transfer a firearm to a prospective transferee because the National
45	45	Instant Criminal Background Check System indicates that the
46	46	prospective transferee is prohibited from possessing a firearm
47	47	shall notify the Department of Public Safety.
48	48	SECTION 2. Subchapter D, Chapter 411, Government Code, is
49	49	amended by adding Section 411.0525 to read as follows:
50	50	Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER
51	51	REPORT. (a) If the department receives a report under Section
52	52	46.06(e), Penal Code, from a licensed firearms dealer under the
53	53	Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, that
54	54	a person prohibited from possessing a firearm has attempted to
55	55	acquire a firearm, the department shall initiate an investigation.
56	56	(b) If the department's investigation under this section
57	57	produces evidence that a person may have violated Section 46.06,
58	58	Penal Code, the department shall refer the case to the appropriate
59	59	local authorities for further investigation and possible
60	60	prosecution.
61	61	SECTION 3. The change in law made by this Act applies only
62	62	to an offense committed on or after the effective date of this Act.
63	63	An offense committed before the effective date of this Act is
64	64	governed by the law in effect on the date the offense was committed,
65	65	and the former law is continued in effect for that purpose. For
66	66	purposes of this section, an offense was committed before the
67	67	effective date of this Act if any element of the offense occurred
68	68	before that date.
69	69	SECTION 4. This Act takes effect September 1, 2019.