87R1407 JSC-D
By: Meza H.B. No. 227
A BILL TO BE ENTITLED
AN ACT
relating to notifying state law enforcement of an attempted
acquisition of a firearm by a person prohibited from possessing a
firearm.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.06, Penal Code, is amended by adding
Subsection (e) to read as follows:
(e) A licensed firearms dealer under 18 U.S.C. Section 923
who declines to transfer a firearm to a prospective transferee
because the National Instant Criminal Background Check System
indicates that the prospective transferee is prohibited from
possessing a firearm shall notify the Department of Public Safety.
SECTION 2. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.0525 to read as follows:
Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER
REPORT. (a) On receipt of a report under Section 46.06(e), Penal
Code, from a licensed firearms dealer under 18 U.S.C. Section 923,
the department shall initiate an investigation.
(b) If the department's investigation under this section
produces evidence that a person may have violated Chapter 46, Penal
Code, or other law relating to the possession or transfer of a
firearm, the department shall refer the case to the appropriate
local authorities for further investigation and possible
prosecution.
SECTION 3. The change in law made 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 4. This Act takes effect September 1, 2021.