87R5841 AJZ-D
By: Goodwin H.B. No. 1039
A BILL TO BE ENTITLED
AN ACT
relating to the duties of the Department of Public Safety, peace
officers, officers of the court, and licensed firearms dealers with
respect to the possession or use of a suspended, revoked, or expired
license to carry a handgun; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1805 to read as follows:
Sec. 411.1805. LIST OF SUSPENDED AND REVOKED LICENSES. (a)
The department shall maintain a current list of license numbers
with respect to each unexpired license to carry a handgun that is
suspended or revoked under this subchapter.
(b) The department shall post the list of license numbers on
the department's Internet website. The department may not include
any information that would otherwise identify the person to whom
the license was issued.
(c) The department shall remove the number of a suspended
license from the list under this section not later than the fifth
working day after the applicable period of suspension ends.
(d) If a revoked license is reinstated, the department shall
remove the number of that license from the list under this section
not later than the fifth working day after the reinstatement
occurs.
(e) The department shall remove a number of a suspended or
revoked license from the list under this section not later than the
fifth working day after the license's expiration date.
(f) The director may adopt rules to implement this section.
SECTION 2. Section 411.186, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) If a peace officer believes a reason listed in
Subsection (a) to revoke a license exists, the officer shall
prepare an affidavit on a form provided by the department stating
the reason for the revocation of the license and giving the
department all of the information available to the officer at the
time of the preparation of the form. The officer shall attach the
officer's reports relating to the license holder to the form and
send the form and attachments to the appropriate division of the
department at its Austin headquarters not later than the fifth
working day after the date the form is prepared. The officer shall
send a copy of the form and the attachments to the license holder.
If the license holder has not surrendered the license or the license
was not seized as evidence or otherwise in conjunction with a legal
proceeding, the license holder shall surrender the license to the
appropriate division of the department not later than the 10th day
after the date the license holder receives the notice of revocation
from the department, unless the license holder requests a hearing
from the department. The license holder may request that the
justice court in the justice court precinct in which the license
holder resides review the revocation as provided by Section
411.180. If a request is made for the justice court to review the
revocation and hold a hearing, the license holder shall surrender
the license on the date an order of revocation is entered by the
justice court.
(b-1) If an officer of the court seizes or accepts surrender
of a license under Section 411.2065, the officer shall submit the
license to the department at its Austin headquarters not later than
the fifth working day after the date the license is seized or
surrendered. The officer shall include a copy of any court order,
judgment, or other documentation relevant to the reason for the
seizure or surrender of the license.
SECTION 3. Section 411.187, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) If a peace officer believes a reason listed in
Subsection (a) to suspend a license exists, the officer shall
prepare an affidavit on a form provided by the department stating
the reason for the suspension of the license and giving the
department all of the information available to the officer at the
time of the preparation of the form. The officer shall attach the
officer's reports relating to the license holder to the form and
send the form and the attachments to the appropriate division of the
department at its Austin headquarters not later than the fifth
working day after the date the form is prepared. The officer shall
send a copy of the form and the attachments to the license holder.
If the license holder has not surrendered the license or the license
was not seized as evidence or otherwise in conjunction with a legal
proceeding, the license holder shall surrender the license to the
appropriate division of the department not later than the 10th day
after the date the license holder receives the notice of suspension
from the department unless the license holder requests a hearing
from the department. The license holder may request that the
justice court in the justice court precinct in which the license
holder resides review the suspension as provided by Section
411.180. If a request is made for the justice court to review the
suspension and hold a hearing, the license holder shall surrender
the license on the date an order of suspension is entered by the
justice court.
(b-1) If an officer of the court seizes or accepts surrender
of a license under Section 411.2065, the officer shall submit the
license to the department at its Austin headquarters not later than
the fifth working day after the date the license is seized or
surrendered. The officer shall include a copy of any court order,
judgment, or other documentation relevant to the reason for the
seizure or surrender of the license.
SECTION 4. The heading to Section 411.206, Government Code,
is amended to read as follows:
Sec. 411.206. SEIZURE OF HANDGUN AND LICENSE BY PEACE
OFFICER.
SECTION 5. Section 411.206, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A peace officer may seize a license holder's
suspended, revoked, or expired license. A peace officer who seizes
a license under this subsection shall, not later than the fifth
working day after the date of the seizure, return the license to the
department or, if the officer seizes the license as evidence of an
offense, notify the department that the license was seized.
SECTION 6. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.2065 to read as follows:
Sec. 411.2065. SEIZURE OF LICENSE BY AND SURRENDER OF
LICENSE TO COURT OFFICER. (a) If a license holder is convicted of
or charged with an offense or becomes the subject of a protective
order and that conviction, charge, or order disqualifies the person
from possessing a firearm or continuing to hold a license under this
chapter, an officer of the court shall accept voluntary surrender
of the license or otherwise seize the license, as appropriate.
(b) An officer who seizes or accepts surrender of a license
under this section shall, not later than the fifth working day after
the date of the seizure or acceptance, submit to the department the
license and copies of the relevant court documentation as provided
by Section 411.186(b-1) or 411.187(b-1), as applicable.
SECTION 7. Chapter 411, Government Code, is amended by
adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS
Sec. 411.221. DEFINITIONS. In this subchapter:
(1) "License" means a license to carry a handgun
issued under Subchapter H.
(2) "Licensed firearms dealer" means a person who is
licensed as a firearms dealer under 18 U.S.C. Section 923.
Sec. 411.222. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS.
(a) A licensed firearms dealer may not sell or otherwise transfer a
firearm to a person who presents an apparently valid unexpired
license as evidence that the person is not prohibited by state or
federal law from possessing a firearm unless the dealer first
verifies that the license is not currently suspended or revoked.
(b) The licensed firearms dealer may verify the status of
the person's license under Subsection (a) either by direct
communication with the department or by referencing the list of
suspended or revoked licenses that is maintained on the
department's Internet website under Section 411.1805.
(c) If the licensed firearms dealer determines under
Subsection (a) that the license is suspended or revoked, the
dealer:
(1) may not consider the fact that the person
previously held a valid license and the fact that the person no
longer holds a valid license in determining whether transferring a
firearm to that person is prohibited by state or federal law; and
(2) not later than the fifth working day after the date
of the determination, shall notify the department that:
(A) during the applicable transaction, the
person presented a license to the dealer in lieu of submitting to
the national instant criminal background check in accordance with
18 U.S.C. Section 922; and
(B) the license was suspended or revoked.
SECTION 8. Section 46.06(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to
any person knowing that the person to whom the handgun is to be
delivered intends to use it unlawfully or in the commission of an
unlawful act;
(2) intentionally or knowingly sells, rents, leases,
or gives or offers to sell, rent, lease, or give to any child
younger than 18 years of age any firearm, club, or
location-restricted knife;
(3) intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
intoxicated;
(4) knowingly sells a firearm or ammunition for a
firearm to any person who has been convicted of a felony before the
fifth anniversary of the later of the following dates:
(A) the person's release from confinement
following conviction of the felony; or
(B) the person's release from supervision under
community supervision, parole, or mandatory supervision following
conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to
any person knowing that an active protective order is directed to
the person to whom the handgun is to be delivered; [or]
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a handgun while an active protective
order is directed to the actor; or
(7) knows that the person's license to carry a handgun
has been suspended or revoked and, for the purpose of obtaining a
firearm, knowingly presents the suspended or revoked license as
evidence that the person is not prohibited by state or federal law
from possessing a firearm.
SECTION 9. The Department of Public Safety shall establish
the list required under Section 411.1805, Government Code, as added
by this Act, and publish the list on the department's Internet
website not later than January 1, 2022.
SECTION 10. Subchapter H-1, Chapter 411, Government Code,
as added by this Act, applies only to a firearm transfer that occurs
on or after January 1, 2022.
SECTION 11. Section 46.06, Penal Code, as amended by this
Act, applies only to an offense committed on or after the effective
date of this Act. An offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 12. This Act takes effect September 1, 2021.