87R2381 AJZ-D
By: Hinojosa H.B. No. 882
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful transfer of a firearm; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) knowingly purchases, rents, leases, or receives as
a loan or gift from another a firearm while the actor is a fugitive
from justice for:
(A) a Class B misdemeanor or any higher category
of offense; or
(B) an offense under the laws of another state,
federal law, or the Uniform Code of Military Justice, containing
elements that are the same as or similar to the elements of an
offense described by Paragraph (A).
SECTION 2. Section 46.06(b), Penal Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Fugitive from justice" means a person who is
currently the subject of an outstanding arrest warrant in any state
or federal jurisdiction.
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.