Texas 2019 - 86th Regular

Texas House Bill HB545 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R25602 LHC-D
2		-	By: Nevárez, Calanni H.B. No. 545
3		-	Substitute the following for H.B. No. 545:
4		-	By: Moody C.S.H.B. No. 545
	1	+	86R3324 LHC-D
	2	+	By: Nevárez H.B. No. 545
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the prosecution of the offense of unlawful transfer of a
10	8		firearm.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 46.06, Penal Code, is amended by
13	11		amending Subsection (a) and adding Subsection (e) to read as
14	12		follows:
15	13		(a) A person commits an offense if the person:
16	14		(1) sells, rents, leases, loans, or gives a handgun to
17	15		any person knowing that the person to whom the handgun is to be
18	16		delivered intends to use it unlawfully or in the commission of an
19	17		unlawful act;
20	18		(2) intentionally or knowingly sells, rents, leases,
21	19		or gives or offers to sell, rent, lease, or give to any child
22	20		younger than 18 years of age any firearm, club, or
23	21		location-restricted knife;
24	22		(3) intentionally, knowingly, or recklessly sells a
25	23		firearm or ammunition for a firearm to any person who is
26	24		intoxicated;
27	25		(4) knowingly sells a firearm or ammunition for a
28	26		firearm to any person who has been convicted of a felony before the
29	27		fifth anniversary of the later of the following dates:
30	28		(A) the person's release from confinement
31	29		following conviction of the felony; or
32	30		(B) the person's release from supervision under
33	31		community supervision, parole, or mandatory supervision following
34	32		conviction of the felony;
35	33		(5) sells, rents, leases, loans, or gives a handgun to
36	34		any person knowing that an active protective order is directed to
37	35		the person to whom the handgun is to be delivered; [or]
38	36		(6) knowingly purchases, rents, leases, or receives as
39	37		a loan or gift from another a handgun while an active protective
40	38		order is directed to the actor; or
41	39		(7) knowingly sells, rents, leases, loans, or gives a
42	40		firearm to a person who the actor knows, or has reasonable cause to
43	41		believe, is:
44	42		(A) a person receiving inpatient mental health
45	43		services by order of a court under Chapter 574, Health and Safety
46	44		Code;
47	45		(B) a person who has been acquitted in a criminal
48	46		case by reason of insanity or lack of mental responsibility,
49	47		regardless of whether the person was ordered by a court to receive
50	48		inpatient treatment or residential care under Chapter 46C, Code of
51	49		Criminal Procedure;
52	50		(C) a person who has been determined to have an
53	51		intellectual disability and committed by a court for long-term
54	52		placement in a residential care facility under Chapter 593, Health
55		-	and Safety Code; or
56		-	(D) a person determined to be incompetent to
	53	+	and Safety Code;
	54	+	(D) an incapacitated adult for whom a court has
	55	+	appointed a guardian of the person under Title 3, Estates Code,
	56	+	based on a determination that the person lacks the mental capacity
	57	+	to manage the person's affairs; or
	58	+	(E) a person determined to be incompetent to
57	59		stand trial under Chapter 46B, Code of Criminal Procedure.
58	60		(e) It is a defense to prosecution under Subsection (a)(7)
59	61		that the transfer is to a person who:
60	62		(1) is the subject of a judicial order or finding that
61		-	the person is entitled to relief from disabilities under Section
62		-	574.088, Health and Safety Code;
	63	+	the person is no longer an incapacitated adult or is entitled to
	64	+	relief from disabilities under Section 574.088, Health and Safety
	65	+	Code; or
63	66		(2) has obtained notice of relief from disabilities
64		-	under 18 U.S.C. Section 925; or
65		-	(3) the actor had reasonable cause to believe is a
66		-	person described by Subsection (a)(7), if that person is not a
67		-	person described by that subdivision.
	67	+	under 18 U.S.C. Section 925.
68	68		SECTION 2. The change in law made by this Act applies only
69	69		to an offense committed on or after the effective date of this Act.
70	70		An offense committed before the effective date of this Act is
71	71		governed by the law in effect on the date the offense was committed,
72	72		and the former law is continued in effect for that purpose. For
73	73		purposes of this section, an offense was committed before the
74	74		effective date of this Act if any element of the offense occurred
75	75		before that date.
76	76		SECTION 3. This Act takes effect September 1, 2019.