Texas 2021 - 87th Regular

Texas House Bill HB883 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R2414 AJZ-D
2	2	By: Hinojosa H.B. No. 883
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the unlawful transfer of a firearm; creating criminal
8	8	offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 46.06, Penal Code, is amended by
11	11	amending Subsections (a) and (d) and adding Subsection (e) to read
12	12	as follows:
13	13	(a) A person commits an offense if the person:
14	14	(1) sells, rents, leases, loans, or gives a handgun to
15	15	any person knowing that the person to whom the handgun is to be
16	16	delivered intends to use it unlawfully or in the commission of an
17	17	unlawful act;
18	18	(2) intentionally or knowingly sells, rents, leases,
19	19	or gives or offers to sell, rent, lease, or give to any child
20	20	younger than 18 years of age any firearm, club, or
21	21	location-restricted knife;
22	22	(3) intentionally, knowingly, or recklessly sells a
23	23	firearm or ammunition for a firearm to any person who is
24	24	intoxicated;
25	25	(4) knowingly sells a firearm or ammunition for a
26	26	firearm to any person who has been convicted of a felony before the
27	27	fifth anniversary of the later of the following dates:
28	28	(A) the person's release from confinement
29	29	following conviction of the felony; or
30	30	(B) the person's release from supervision under
31	31	community supervision, parole, or mandatory supervision following
32	32	conviction of the felony;
33	33	(5) sells, rents, leases, loans, or gives a handgun to
34	34	any person knowing that an active protective order is directed to
35	35	the person to whom the handgun is to be delivered; [or]
36	36	(6) knowingly purchases, rents, leases, or receives as
37	37	a loan or gift from another a handgun while an active protective
38	38	order is directed to the actor;
39	39	(7) knowingly makes a materially false or misleading
40	40	statement in providing information to a person for purposes of
41	41	complying with the National Instant Criminal Background Check
42	42	System in the manner required by 18 U.S.C. Section 922; or
43	43	(8) knowingly purchases, rents, leases, or receives as
44	44	a loan or gift from another a firearm while the actor is a fugitive
45	45	from justice for:
46	46	(A) a Class B misdemeanor or any higher category
47	47	of offense; or
48	48	(B) an offense under the laws of another state,
49	49	federal law, or the Uniform Code of Military Justice, containing
50	50	elements that are the same as or similar to the elements of an
51	51	offense described by Paragraph (A).
52	52	(d) An offense under Subsection (a) [this section] is a
53	53	Class A misdemeanor, except that:
54	54	(1) an offense under Subsection (a)(2) is a state jail
55	55	felony if the weapon that is the subject of the offense is a
56	56	handgun; and
57	57	(2) an offense under Subsection (a)(7) is a state jail
58	58	felony.
59	59	(e) A licensed firearms dealer under 18 U.S.C. Section 923
60	60	who declines to transfer a firearm to a prospective transferee
61	61	because the National Instant Criminal Background Check System
62	62	indicates that the prospective transferee is prohibited from
63	63	possessing a firearm shall notify the Department of Public Safety.
64	64	SECTION 2. Section 46.06(b), Penal Code, is amended by
65	65	adding Subdivision (3) to read as follows:
66	66	(3) "Fugitive from justice" means a person who is
67	67	currently the subject of an outstanding arrest warrant in any state
68	68	or federal jurisdiction.
69	69	SECTION 3. Subchapter D, Chapter 411, Government Code, is
70	70	amended by adding Section 411.0525 to read as follows:
71	71	Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER
72	72	REPORT. (a) If the department receives a report under Section
73	73	46.06(e), Penal Code, from a licensed firearms dealer under 18
74	74	U.S.C. Section 923, the department shall initiate an investigation.
75	75	(b) If the department's investigation under this section
76	76	produces evidence that a person may have violated Section 46.06,
77	77	Penal Code, the department shall refer the case to the appropriate
78	78	local authorities for further investigation and possible
79	79	prosecution.
80	80	SECTION 4. The change in law made by this Act applies only
81	81	to an offense committed on or after the effective date of this Act.
82	82	An offense committed before the effective date of this Act is
83	83	governed by the law in effect on the date the offense was committed,
84	84	and the former law is continued in effect for that purpose. For
85	85	purposes of this section, an offense was committed before the
86	86	effective date of this Act if any element of the offense occurred
87	87	before that date.
88	88	SECTION 5. This Act takes effect September 1, 2021.