Texas 2021 - 87th Regular

Texas House Bill HB1039 Compare Versions

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

Old	New	Differences
1	1	87R5841 AJZ-D
2	2	By: Goodwin H.B. No. 1039
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the duties of the Department of Public Safety, peace
8	8	officers, officers of the court, and licensed firearms dealers with
9	9	respect to the possession or use of a suspended, revoked, or expired
10	10	license to carry a handgun; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter H, Chapter 411, Government Code, is
13	13	amended by adding Section 411.1805 to read as follows:
14	14	Sec. 411.1805. LIST OF SUSPENDED AND REVOKED LICENSES. (a)
15	15	The department shall maintain a current list of license numbers
16	16	with respect to each unexpired license to carry a handgun that is
17	17	suspended or revoked under this subchapter.
18	18	(b) The department shall post the list of license numbers on
19	19	the department's Internet website. The department may not include
20	20	any information that would otherwise identify the person to whom
21	21	the license was issued.
22	22	(c) The department shall remove the number of a suspended
23	23	license from the list under this section not later than the fifth
24	24	working day after the applicable period of suspension ends.
25	25	(d) If a revoked license is reinstated, the department shall
26	26	remove the number of that license from the list under this section
27	27	not later than the fifth working day after the reinstatement
28	28	occurs.
29	29	(e) The department shall remove a number of a suspended or
30	30	revoked license from the list under this section not later than the
31	31	fifth working day after the license's expiration date.
32	32	(f) The director may adopt rules to implement this section.
33	33	SECTION 2. Section 411.186, Government Code, is amended by
34	34	amending Subsection (b) and adding Subsection (b-1) to read as
35	35	follows:
36	36	(b) If a peace officer believes a reason listed in
37	37	Subsection (a) to revoke a license exists, the officer shall
38	38	prepare an affidavit on a form provided by the department stating
39	39	the reason for the revocation of the license and giving the
40	40	department all of the information available to the officer at the
41	41	time of the preparation of the form. The officer shall attach the
42	42	officer's reports relating to the license holder to the form and
43	43	send the form and attachments to the appropriate division of the
44	44	department at its Austin headquarters not later than the fifth
45	45	working day after the date the form is prepared. The officer shall
46	46	send a copy of the form and the attachments to the license holder.
47	47	If the license holder has not surrendered the license or the license
48	48	was not seized as evidence or otherwise in conjunction with a legal
49	49	proceeding, the license holder shall surrender the license to the
50	50	appropriate division of the department not later than the 10th day
51	51	after the date the license holder receives the notice of revocation
52	52	from the department, unless the license holder requests a hearing
53	53	from the department. The license holder may request that the
54	54	justice court in the justice court precinct in which the license
55	55	holder resides review the revocation as provided by Section
56	56	411.180. If a request is made for the justice court to review the
57	57	revocation and hold a hearing, the license holder shall surrender
58	58	the license on the date an order of revocation is entered by the
59	59	justice court.
60	60	(b-1) If an officer of the court seizes or accepts surrender
61	61	of a license under Section 411.2065, the officer shall submit the
62	62	license to the department at its Austin headquarters not later than
63	63	the fifth working day after the date the license is seized or
64	64	surrendered. The officer shall include a copy of any court order,
65	65	judgment, or other documentation relevant to the reason for the
66	66	seizure or surrender of the license.
67	67	SECTION 3. Section 411.187, Government Code, is amended by
68	68	amending Subsection (b) and adding Subsection (b-1) to read as
69	69	follows:
70	70	(b) If a peace officer believes a reason listed in
71	71	Subsection (a) to suspend a license exists, the officer shall
72	72	prepare an affidavit on a form provided by the department stating
73	73	the reason for the suspension of the license and giving the
74	74	department all of the information available to the officer at the
75	75	time of the preparation of the form. The officer shall attach the
76	76	officer's reports relating to the license holder to the form and
77	77	send the form and the attachments to the appropriate division of the
78	78	department at its Austin headquarters not later than the fifth
79	79	working day after the date the form is prepared. The officer shall
80	80	send a copy of the form and the attachments to the license holder.
81	81	If the license holder has not surrendered the license or the license
82	82	was not seized as evidence or otherwise in conjunction with a legal
83	83	proceeding, the license holder shall surrender the license to the
84	84	appropriate division of the department not later than the 10th day
85	85	after the date the license holder receives the notice of suspension
86	86	from the department unless the license holder requests a hearing
87	87	from the department. The license holder may request that the
88	88	justice court in the justice court precinct in which the license
89	89	holder resides review the suspension as provided by Section
90	90	411.180. If a request is made for the justice court to review the
91	91	suspension and hold a hearing, the license holder shall surrender
92	92	the license on the date an order of suspension is entered by the
93	93	justice court.
94	94	(b-1) If an officer of the court seizes or accepts surrender
95	95	of a license under Section 411.2065, the officer shall submit the
96	96	license to the department at its Austin headquarters not later than
97	97	the fifth working day after the date the license is seized or
98	98	surrendered. The officer shall include a copy of any court order,
99	99	judgment, or other documentation relevant to the reason for the
100	100	seizure or surrender of the license.
101	101	SECTION 4. The heading to Section 411.206, Government Code,
102	102	is amended to read as follows:
103	103	Sec. 411.206. SEIZURE OF HANDGUN AND LICENSE BY PEACE
104	104	OFFICER.
105	105	SECTION 5. Section 411.206, Government Code, is amended by
106	106	adding Subsection (a-1) to read as follows:
107	107	(a-1) A peace officer may seize a license holder's
108	108	suspended, revoked, or expired license. A peace officer who seizes
109	109	a license under this subsection shall, not later than the fifth
110	110	working day after the date of the seizure, return the license to the
111	111	department or, if the officer seizes the license as evidence of an
112	112	offense, notify the department that the license was seized.
113	113	SECTION 6. Subchapter H, Chapter 411, Government Code, is
114	114	amended by adding Section 411.2065 to read as follows:
115	115	Sec. 411.2065. SEIZURE OF LICENSE BY AND SURRENDER OF
116	116	LICENSE TO COURT OFFICER. (a) If a license holder is convicted of
117	117	or charged with an offense or becomes the subject of a protective
118	118	order and that conviction, charge, or order disqualifies the person
119	119	from possessing a firearm or continuing to hold a license under this
120	120	chapter, an officer of the court shall accept voluntary surrender
121	121	of the license or otherwise seize the license, as appropriate.
122	122	(b) An officer who seizes or accepts surrender of a license
123	123	under this section shall, not later than the fifth working day after
124	124	the date of the seizure or acceptance, submit to the department the
125	125	license and copies of the relevant court documentation as provided
126	126	by Section 411.186(b-1) or 411.187(b-1), as applicable.
127	127	SECTION 7. Chapter 411, Government Code, is amended by
128	128	adding Subchapter H-1 to read as follows:
129	129	SUBCHAPTER H-1. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS
130	130	Sec. 411.221. DEFINITIONS. In this subchapter:
131	131	(1) "License" means a license to carry a handgun
132	132	issued under Subchapter H.
133	133	(2) "Licensed firearms dealer" means a person who is
134	134	licensed as a firearms dealer under 18 U.S.C. Section 923.
135	135	Sec. 411.222. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS.
136	136	(a) A licensed firearms dealer may not sell or otherwise transfer a
137	137	firearm to a person who presents an apparently valid unexpired
138	138	license as evidence that the person is not prohibited by state or
139	139	federal law from possessing a firearm unless the dealer first
140	140	verifies that the license is not currently suspended or revoked.
141	141	(b) The licensed firearms dealer may verify the status of
142	142	the person's license under Subsection (a) either by direct
143	143	communication with the department or by referencing the list of
144	144	suspended or revoked licenses that is maintained on the
145	145	department's Internet website under Section 411.1805.
146	146	(c) If the licensed firearms dealer determines under
147	147	Subsection (a) that the license is suspended or revoked, the
148	148	dealer:
149	149	(1) may not consider the fact that the person
150	150	previously held a valid license and the fact that the person no
151	151	longer holds a valid license in determining whether transferring a
152	152	firearm to that person is prohibited by state or federal law; and
153	153	(2) not later than the fifth working day after the date
154	154	of the determination, shall notify the department that:
155	155	(A) during the applicable transaction, the
156	156	person presented a license to the dealer in lieu of submitting to
157	157	the national instant criminal background check in accordance with
158	158	18 U.S.C. Section 922; and
159	159	(B) the license was suspended or revoked.
160	160	SECTION 8. Section 46.06(a), Penal Code, is amended to read
161	161	as follows:
162	162	(a) A person commits an offense if the person:
163	163	(1) sells, rents, leases, loans, or gives a handgun to
164	164	any person knowing that the person to whom the handgun is to be
165	165	delivered intends to use it unlawfully or in the commission of an
166	166	unlawful act;
167	167	(2) intentionally or knowingly sells, rents, leases,
168	168	or gives or offers to sell, rent, lease, or give to any child
169	169	younger than 18 years of age any firearm, club, or
170	170	location-restricted knife;
171	171	(3) intentionally, knowingly, or recklessly sells a
172	172	firearm or ammunition for a firearm to any person who is
173	173	intoxicated;
174	174	(4) knowingly sells a firearm or ammunition for a
175	175	firearm to any person who has been convicted of a felony before the
176	176	fifth anniversary of the later of the following dates:
177	177	(A) the person's release from confinement
178	178	following conviction of the felony; or
179	179	(B) the person's release from supervision under
180	180	community supervision, parole, or mandatory supervision following
181	181	conviction of the felony;
182	182	(5) sells, rents, leases, loans, or gives a handgun to
183	183	any person knowing that an active protective order is directed to
184	184	the person to whom the handgun is to be delivered; [or]
185	185	(6) knowingly purchases, rents, leases, or receives as
186	186	a loan or gift from another a handgun while an active protective
187	187	order is directed to the actor; or
188	188	(7) knows that the person's license to carry a handgun
189	189	has been suspended or revoked and, for the purpose of obtaining a
190	190	firearm, knowingly presents the suspended or revoked license as
191	191	evidence that the person is not prohibited by state or federal law
192	192	from possessing a firearm.
193	193	SECTION 9. The Department of Public Safety shall establish
194	194	the list required under Section 411.1805, Government Code, as added
195	195	by this Act, and publish the list on the department's Internet
196	196	website not later than January 1, 2022.
197	197	SECTION 10. Subchapter H-1, Chapter 411, Government Code,
198	198	as added by this Act, applies only to a firearm transfer that occurs
199	199	on or after January 1, 2022.
200	200	SECTION 11. Section 46.06, Penal Code, as amended by this
201	201	Act, applies only to an offense committed on or after the effective
202	202	date of this Act. An offense committed before the effective date of
203	203	this Act is governed by the law in effect on the date the offense was
204	204	committed, and the former law is continued in effect for that
205	205	purpose. For purposes of this section, an offense was committed
206	206	before the effective date of this Act if any element of the offense
207	207	occurred before that date.
208	208	SECTION 12. This Act takes effect September 1, 2021.