| 1 | 1 | | 87R1407 JSC-D |
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| 2 | 2 | | By: Meza H.B. No. 227 |
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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 notifying state law enforcement of an attempted |
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| 8 | 8 | | acquisition of a firearm by a person prohibited from possessing a |
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| 9 | 9 | | firearm. |
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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. Section 46.06, Penal Code, is amended by adding |
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| 12 | 12 | | Subsection (e) to read as follows: |
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| 13 | 13 | | (e) A licensed firearms dealer under 18 U.S.C. Section 923 |
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| 14 | 14 | | who declines to transfer a firearm to a prospective transferee |
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| 15 | 15 | | because the National Instant Criminal Background Check System |
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| 16 | 16 | | indicates that the prospective transferee is prohibited from |
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| 17 | 17 | | possessing a firearm shall notify the Department of Public Safety. |
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| 18 | 18 | | SECTION 2. Subchapter D, Chapter 411, Government Code, is |
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| 19 | 19 | | amended by adding Section 411.0525 to read as follows: |
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| 20 | 20 | | Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER |
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| 21 | 21 | | REPORT. (a) On receipt of a report under Section 46.06(e), Penal |
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| 22 | 22 | | Code, from a licensed firearms dealer under 18 U.S.C. Section 923, |
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| 23 | 23 | | the department shall initiate an investigation. |
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| 24 | 24 | | (b) If the department's investigation under this section |
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| 25 | 25 | | produces evidence that a person may have violated Chapter 46, Penal |
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| 26 | 26 | | Code, or other law relating to the possession or transfer of a |
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| 27 | 27 | | firearm, the department shall refer the case to the appropriate |
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| 28 | 28 | | local authorities for further investigation and possible |
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| 29 | 29 | | prosecution. |
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| 30 | 30 | | SECTION 3. The change in law made by this Act applies only |
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| 31 | 31 | | to an offense committed on or after the effective date of this Act. |
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| 32 | 32 | | An offense committed before the effective date of this Act is |
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| 33 | 33 | | governed by the law in effect on the date the offense was committed, |
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| 34 | 34 | | and the former law is continued in effect for that purpose. For |
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| 35 | 35 | | purposes of this section, an offense was committed before the |
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| 36 | 36 | | effective date of this Act if any element of the offense occurred |
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| 37 | 37 | | before that date. |
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| 38 | 38 | | SECTION 4. This Act takes effect September 1, 2021. |
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