| 1 | 1 | | 87R6427 AJZ/AJA-D |
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| 2 | 2 | | By: Howard H.B. No. 1948 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the duties of the Department of Public Safety and |
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| 8 | 8 | | licensed firearms dealers with respect to the possession or use of a |
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| 9 | 9 | | suspended or revoked license to carry a handgun. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter H, Chapter 411, Government Code, is |
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| 12 | 12 | | amended by adding Section 411.1805 to read as follows: |
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| 13 | 13 | | Sec. 411.1805. LIST OF SUSPENDED AND REVOKED LICENSES. (a) |
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| 14 | 14 | | The department shall maintain a current list of license numbers |
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| 15 | 15 | | with respect to each unexpired license to carry a handgun that is |
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| 16 | 16 | | suspended or revoked under this subchapter. |
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| 17 | 17 | | (b) The department shall post the list of license numbers on |
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| 18 | 18 | | the department's Internet website. The department may not include |
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| 19 | 19 | | any information that would otherwise identify the person to whom |
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| 20 | 20 | | the license was issued. |
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| 21 | 21 | | (c) The department shall establish and operate a dedicated |
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| 22 | 22 | | telephone line that enables licensed firearms dealers to call to |
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| 23 | 23 | | verify whether an unexpired license to carry a handgun has been |
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| 24 | 24 | | suspended or revoked, as indicated on the list established by the |
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| 25 | 25 | | department under this section. The telephone line must be |
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| 26 | 26 | | continuously monitored by the department during its regular |
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| 27 | 27 | | business hours. |
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| 28 | 28 | | (d) The department shall remove the number of a suspended |
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| 29 | 29 | | license from the list under this section not later than the fifth |
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| 30 | 30 | | working day after the applicable period of suspension ends. |
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| 31 | 31 | | (e) If a revoked license is reinstated, the department shall |
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| 32 | 32 | | remove the number of that license from the list under this section |
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| 33 | 33 | | not later than the fifth working day after the reinstatement |
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| 34 | 34 | | occurs. |
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| 35 | 35 | | (f) The department shall remove a number of a suspended or |
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| 36 | 36 | | revoked license from the list under this section not later than the |
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| 37 | 37 | | fifth working day after the license's expiration date. |
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| 38 | 38 | | (g) The director may adopt rules to implement this section. |
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| 39 | 39 | | SECTION 2. Chapter 411, Government Code, is amended by |
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| 40 | 40 | | adding Subchapter H-1 to read as follows: |
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| 41 | 41 | | SUBCHAPTER H-1. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS |
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| 42 | 42 | | Sec. 411.221. DEFINITIONS. In this subchapter: |
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| 43 | 43 | | (1) "License" means a license to carry a handgun |
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| 44 | 44 | | issued under Subchapter H. |
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| 45 | 45 | | (2) "Licensed firearms dealer" means a person who is |
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| 46 | 46 | | licensed as a firearms dealer under 18 U.S.C. Section 923. |
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| 47 | 47 | | Sec. 411.222. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS. |
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| 48 | 48 | | (a) A licensed firearms dealer may not sell or otherwise transfer a |
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| 49 | 49 | | firearm to a person who presents an apparently valid unexpired |
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| 50 | 50 | | license as evidence that the person is not prohibited by state or |
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| 51 | 51 | | federal law from possessing a firearm unless the dealer first |
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| 52 | 52 | | verifies that the license is not currently suspended or revoked. |
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| 53 | 53 | | (b) The licensed firearms dealer may verify the status of |
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| 54 | 54 | | the person's license under Subsection (a) either by direct |
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| 55 | 55 | | communication with the department or by referencing the list of |
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| 56 | 56 | | suspended or revoked licenses that is maintained on the |
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| 57 | 57 | | department's Internet website under Section 411.1805. |
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| 58 | 58 | | (c) If the licensed firearms dealer determines under |
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| 59 | 59 | | Subsection (a) that the license is suspended or revoked, the |
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| 60 | 60 | | dealer: |
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| 61 | 61 | | (1) may not consider the fact that the person |
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| 62 | 62 | | previously held a valid license and the fact that the person no |
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| 63 | 63 | | longer holds a valid license in determining whether transferring a |
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| 64 | 64 | | firearm to that person is prohibited by state or federal law; and |
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| 65 | 65 | | (2) not later than the fifth working day after the date |
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| 66 | 66 | | of the determination, shall notify the department that: |
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| 67 | 67 | | (A) during the applicable transaction, the |
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| 68 | 68 | | person presented a license to the dealer in lieu of submitting to |
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| 69 | 69 | | the national instant criminal background check in accordance with |
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| 70 | 70 | | 18 U.S.C. Section 922; and |
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| 71 | 71 | | (B) the license was suspended or revoked. |
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| 72 | 72 | | Sec. 411.223. CIVIL LIABILITY. A licensed firearms dealer |
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| 73 | 73 | | who sells or otherwise transfers a firearm in violation of Section |
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| 74 | 74 | | 411.222 is liable for damages arising from bodily injury or death |
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| 75 | 75 | | proximately caused by the discharge of the firearm by the person to |
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| 76 | 76 | | whom the firearm was sold or transferred. |
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| 77 | 77 | | SECTION 3. The Department of Public Safety shall establish |
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| 78 | 78 | | the list required under Section 411.1805, Government Code, as added |
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| 79 | 79 | | by this Act, and publish the list on the department's Internet |
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| 80 | 80 | | website not later than January 1, 2022. |
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| 81 | 81 | | SECTION 4. Subchapter H-1, Chapter 411, Government Code, as |
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| 82 | 82 | | added by this Act, applies only to a firearm transfer that occurs on |
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| 83 | 83 | | or after January 1, 2022. |
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| 84 | 84 | | SECTION 5. This Act takes effect September 1, 2021. |
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