Texas 2021 - 87th Regular

Texas Senate Bill SB1478 Compare Versions

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

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1	1	87R6907 EAS-F
2	2	By: Johnson S.B. No. 1478
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Do-Not-Sell Registry for
8	8	firearms; creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 411, Government Code, is amended by
11	11	adding Subchapter H-1 to read as follows:
12	12	SUBCHAPTER H-1. TEXAS DO-NOT-SELL REGISTRY
13	13	Sec. 411.221. DEFINITIONS. In this subchapter:
14	14	(1) "Firearm" has the meaning assigned by Section
15	15	46.01, Penal Code.
16	16	(2) "Registry" means the Texas Do-Not-Sell Registry
17	17	created by this subchapter.
18	18	Sec. 411.222. REGISTRY OF INDIVIDUALS WAIVING RIGHT TO
19	19	PURCHASE OR RECEIVE TRANSFER OF FIREARM. (a) The department shall
20	20	establish and maintain a secure electronic registry to collect and
21	21	store information regarding individuals who have voluntarily
22	22	waived the right to purchase or receive transfer of a firearm under
23	23	Section 411.223.
24	24	(b) To be eligible to have the individual's waiver
25	25	information included in the registry, an individual must be:
26	26	(1) a resident of this state;
27	27	(2) at least 18 years of age; and
28	28	(3) not otherwise prohibited by state or federal law
29	29	from possessing a firearm.
30	30	Sec. 411.223. WAIVER OF RIGHT TO PURCHASE OR RECEIVE
31	31	TRANSFER OF FIREARM. (a) An individual may submit to the
32	32	department, on a form prescribed by the department, a waiver of the
33	33	individual's right to purchase or receive transfer of a firearm.
34	34	The individual may submit the waiver form to the department either
35	35	in person or by mail and must include with the form any supplemental
36	36	materials required by the department under Subsection (c) to ensure
37	37	accuracy of information on the form.
38	38	(b) The waiver form must require the individual to provide
39	39	information sufficient to enable the department to:
40	40	(1) verify the individual's identity; and
41	41	(2) submit the information to the Federal Bureau of
42	42	Investigation for use with the National Instant Criminal Background
43	43	Check System.
44	44	(c) The department by rule shall require an individual to
45	45	submit a copy of the individual's government-issued photo
46	46	identification with the waiver form and may require any other
47	47	supplemental materials to ensure accuracy of information on the
48	48	form. The waiver form must include instructions on which
49	49	supplemental materials should accompany the waiver form, if any.
50	50	(d) In addition to other requirements specified by
51	51	department rule, the waiver form must contain the following
52	52	prominently displayed statement:
53	53	"BECAUSE YOU HAVE SUBMITTED THIS WAIVER, YOUR INFORMATION
54	54	WILL BE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
55	55	SYSTEM WHICH WILL PREVENT YOU FROM PURCHASING OR RECEIVING TRANSFER
56	56	OF ANY FIREARMS WHILE THE WAIVER IS IN EFFECT. YOU MAY VOLUNTARILY
57	57	REVOKE THIS WAIVER AT ANY TIME BY SUBMITTING A REVOCATION FORM TO
58	58	THE TEXAS DEPARTMENT OF PUBLIC SAFETY."
59	59	(e) In submitting the waiver, the individual may provide the
60	60	name and contact information of a third person to be notified if the
61	61	individual revokes the waiver.
62	62	(f) The fact that an individual has submitted a waiver under
63	63	this section or is listed in the voluntary registry does not in
64	64	itself prohibit the individual from possessing a firearm under
65	65	state law.
66	66	(g) A waiver under this subchapter is valid only if the
67	67	waiver:
68	68	(1) is submitted by an individual described by Section
69	69	411.222(b) for the purpose of waiving that individual's right to
70	70	purchase or receive transfer of a firearm;
71	71	(2) provides all of the information required to be
72	72	included on the waiver form under Subsection (b); and
73	73	(3) includes any supplemental materials required
74	74	under Subsection (c).
75	75	Sec. 411.224. ADDITION TO REGISTRY AND NATIONAL INSTANT
76	76	CRIMINAL BACKGROUND CHECK SYSTEM. (a) As soon as practicable after
77	77	the department receives a waiver form and any accompanying
78	78	materials, the department shall determine whether the waiver is
79	79	valid and meets the requirements of Section 411.223(g).
80	80	(b) If the department determines that the submitted waiver
81	81	is valid, the department shall:
82	82	(1) provide the information from the waiver to the
83	83	Federal Bureau of Investigation for use with the National Instant
84	84	Criminal Background Check System; and
85	85	(2) notify the individual by mail that the
86	86	individual's information has been submitted for inclusion in the
87	87	National Instant Criminal Background Check System.
88	88	(c) If the department determines that the submitted waiver
89	89	is not valid, the department shall provide to the individual by
90	90	mail, as applicable:
91	91	(1) notice that there is a deficiency in the waiver
92	92	form or in the supplemental materials submitted with the waiver
93	93	form, which must include instructions that will assist the
94	94	individual in correcting the deficiency; or
95	95	(2) notice that the individual is not eligible to be
96	96	included on the registry.
97	97	Sec. 411.225. REVOCATION OF WAIVER; REMOVAL FROM REGISTRY.
98	98	(a) An individual who has previously submitted a valid waiver to
99	99	the department and whose information has been included in the
100	100	registry may revoke the waiver under this subchapter in person or by
101	101	mail by submitting a revocation to the department on a form
102	102	prescribed by the department.
103	103	(b) The revocation form must require the individual to
104	104	provide information sufficient to enable the department to verify
105	105	that the individual submitting the revocation form is the same
106	106	individual who submitted the waiver.
107	107	(c) As soon as practicable after the department receives a
108	108	revocation form, the department shall determine if the revocation
109	109	is valid.
110	110	(d) If the department determines that the submitted
111	111	revocation is valid, the department shall notify both the
112	112	individual who submitted the revocation form and the third person
113	113	designated with the submission of the waiver under Section
114	114	411.223(e), if applicable:
115	115	(1) that the department has received a revocation
116	116	form; and
117	117	(2) of the date by which the department will provide
118	118	the information from the form to the Federal Bureau of
119	119	Investigation to enable that agency to remove the individual's
120	120	information from the National Instant Criminal Background Check
121	121	System.
122	122	(e) If the department determines that the submitted
123	123	revocation is not valid, the department shall provide to the
124	124	individual by mail:
125	125	(1) notice that the revocation is deficient; and
126	126	(2) instructions that will assist the individual in
127	127	correcting the deficiency.
128	128	(f) A revocation under this subchapter is valid only if:
129	129	(1) the individual requesting the revocation submits
130	130	the revocation form as required by the department;
131	131	(2) the revocation form provides all of the
132	132	information required to be included on the form by the department;
133	133	and
134	134	(3) the department is able to verify the individual's
135	135	identity through the information provided on the revocation form.
136	136	(g) Except as provided by Subsection (h), as soon as
137	137	practicable after the date the department receives a valid
138	138	revocation form, the department shall:
139	139	(1) provide the information from the form to the
140	140	Federal Bureau of Investigation to enable that agency to remove the
141	141	individual's information from the National Instant Criminal
142	142	Background Check System; and
143	143	(2) remove the individual's information from the
144	144	voluntary registry.
145	145	(h) The department may not remove information about an
146	146	individual from the voluntary registry or submit that individual's
147	147	information to the Federal Bureau of Investigation before the 10th
148	148	day after the date the individual submitted a waiver for inclusion
149	149	in the registry, regardless of whether a revocation of the waiver is
150	150	submitted before the expiration of that period.
151	151	Sec. 411.226. WAIVERS AND REVOCATIONS BY OTHER INDIVIDUALS
152	152	NOT PERMITTED. (a) An individual may not submit a waiver or
153	153	revocation form under this subchapter on behalf of another
154	154	individual, regardless of the relationship between the
155	155	individuals.
156	156	(b) The department may not add or remove an individual's
157	157	information from the registry based on a waiver or revocation form,
158	158	as applicable, that is submitted by another individual.
159	159	Sec. 411.227. MULTIPLE WAIVERS AND REVOCATIONS PERMITTED.
160	160	An individual may make one or more waivers or revocations of waiver
161	161	under this subchapter, as the individual considers necessary or
162	162	appropriate.
163	163	Sec. 411.228. AVAILABILITY OF FORMS. The department shall
164	164	make available the waiver form described by Section 411.223 and the
165	165	revocation form described by Section 411.225 on the department's
166	166	Internet website. The Internet website must include clear
167	167	instructions for:
168	168	(1) completing and submitting a waiver or revocation
169	169	form; and
170	170	(2) submitting with the waiver any supplemental
171	171	materials needed to ensure accuracy of information on the waiver
172	172	form.
173	173	Sec. 411.229. CONFIDENTIALITY AND DISCLOSURE OF
174	174	INFORMATION. (a) Except as provided by Subsection (b),
175	175	information maintained by the department regarding an individual
176	176	who has voluntarily waived the right to purchase or receive
177	177	transfer of a firearm under this subchapter:
178	178	(1) is confidential and not subject to disclosure
179	179	under Chapter 552; and
180	180	(2) may only be disclosed to:
181	181	(A) a law enforcement officer in connection with
182	182	a prospective transfer of a firearm; or
183	183	(B) the individual who is the subject of the
184	184	information in the form.
185	185	(b) The department may release anonymized statistics
186	186	regarding:
187	187	(1) the number of individuals who submitted waivers
188	188	under Section 411.223 for inclusion on the registry;
189	189	(2) the number of individuals who submitted
190	190	revocations under Section 411.225 for removal of their information
191	191	from the registry; and
192	192	(3) the number of individuals whose information is
193	193	currently included in the registry.
194	194	Sec. 411.230. OFFENSE: SUBMITTING INFORMATION ON BEHALF OF
195	195	ANOTHER. (a) A person commits an offense if the person knowingly
196	196	submits to the department:
197	197	(1) a waiver under Section 411.223 to add the
198	198	information of another individual to the registry; or
199	199	(2) a revocation under Section 411.225 to remove the
200	200	information of another individual from the registry.
201	201	(b) An offense under this section is a Class A misdemeanor.
202	202	Sec. 411.231. OFFENSE: DISCRIMINATION. (a) A person
203	203	commits an offense if the person for any reason discriminates
204	204	against an individual with respect to employment, housing,
205	205	education, public benefits, insurance, or any other benefit or
206	206	service because of the individual's perceived status as:
207	207	(1) a person listed in the registry; or
208	208	(2) a person not listed in the registry.
209	209	(b) An offense under this section is a Class A misdemeanor.
210	210	Sec. 411.232. OFFENSE: REQUIRING REGISTRATION OR
211	211	REVOCATION OF REGISTRATION. (a) A person commits an offense if the
212	212	person requires, as a condition for employment, housing, education,
213	213	public benefits, insurance, or any other benefit or service, the
214	214	individual to disclose or modify the individual's status as:
215	215	(1) a person listed in the registry; or
216	216	(2) a person not listed in the registry.
217	217	(b) An offense under this section is a Class A misdemeanor.
218	218	Sec. 411.233. CONSIDERATION IN LEGAL PROCEEDINGS
219	219	PROHIBITED. A court may not consider a waiver or revocation under
220	220	this subchapter as evidence in any legal proceeding other than in
221	221	the prosecution of an offense under Section 46.06(a)(7), Penal
222	222	Code, or an offense under this subchapter.
223	223	Sec. 411.234. RULES. (a) The director shall adopt rules to
224	224	establish and maintain the secure electronic registry, including
225	225	rules prescribing the forms necessary for submission or revocation
226	226	of a waiver described by this subchapter. The rules may not
227	227	establish any eligibility requirements to submit a waiver or
228	228	revocation form other than the requirements under this subchapter.
229	229	(b) The department by rule shall establish procedures that
230	230	will enable the department to provide information from a waiver
231	231	form under Section 411.223 or a revocation form under Section
232	232	411.225 to the Federal Bureau of Investigation for use with the
233	233	National Instant Criminal Background Check System.
234	234	(c) The department by rule shall establish a procedure to
235	235	correct department records as necessary to accurately reflect an
236	236	individual's waiver status and a procedure to transmit the
237	237	corrected records to the Federal Bureau of Investigation.
238	238	SECTION 2. Section 51.9194(a), Education Code, is amended
239	239	to read as follows:
240	240	(a) A general academic teaching institution shall provide
241	241	to each entering full-time undergraduate, graduate, or
242	242	professional student, including each full-time undergraduate,
243	243	graduate, or professional student who transfers to the institution,
244	244	information about:
245	245	(1) available mental health and suicide prevention
246	246	services offered by the institution or by any associated
247	247	organizations or programs; [and]
248	248	(2) an individual's ability to voluntarily waive the
249	249	right to purchase or receive transfer of a firearm through the
250	250	registry created under Subchapter H-1, Chapter 411, Government
251	251	Code; and
252	252	(3) early warning signs that are often present in and
253	253	appropriate intervention for a person who may be considering
254	254	suicide.
255	255	SECTION 3. Section 1001.072, Health and Safety Code, is
256	256	amended to read as follows:
257	257	Sec. 1001.072. GENERAL POWERS AND DUTIES OF DEPARTMENT
258	258	RELATED TO MENTAL HEALTH. The department is responsible for
259	259	administering human services programs regarding mental health,
260	260	including:
261	261	(1) administering and coordinating mental health
262	262	services at the local and state level;
263	263	(2) operating the state's mental health facilities;
264	264	[and]
265	265	(3) incorporating an individual's ability to
266	266	voluntarily waive the right to purchase or receive transfer of a
267	267	firearm under Subchapter H-1, Chapter 411, Government Code, into
268	268	department training, curriculum, guidance, or other standards
269	269	relating to suicide prevention; and
270	270	(4) inspecting, licensing, and enforcing regulations
271	271	regarding mental health facilities, other than long-term care
272	272	facilities regulated by the Health and Human [Department of Aging
273	273	and Disability] Services Commission.
274	274	SECTION 4. Section 46.06(a), Penal Code, is amended to read
275	275	as follows:
276	276	(a) A person commits an offense if the person:
277	277	(1) sells, rents, leases, loans, or gives a handgun to
278	278	any person knowing that the person to whom the handgun is to be
279	279	delivered intends to use it unlawfully or in the commission of an
280	280	unlawful act;
281	281	(2) intentionally or knowingly sells, rents, leases,
282	282	or gives or offers to sell, rent, lease, or give to any child
283	283	younger than 18 years of age any firearm, club, or
284	284	location-restricted knife;
285	285	(3) intentionally, knowingly, or recklessly sells a
286	286	firearm or ammunition for a firearm to any person who is
287	287	intoxicated;
288	288	(4) knowingly sells a firearm or ammunition for a
289	289	firearm to any person who has been convicted of a felony before the
290	290	fifth anniversary of the later of the following dates:
291	291	(A) the person's release from confinement
292	292	following conviction of the felony; or
293	293	(B) the person's release from supervision under
294	294	community supervision, parole, or mandatory supervision following
295	295	conviction of the felony;
296	296	(5) sells, rents, leases, loans, or gives a handgun to
297	297	any person knowing that an active protective order is directed to
298	298	the person to whom the handgun is to be delivered; [or]
299	299	(6) knowingly purchases, rents, leases, or receives as
300	300	a loan or gift from another a handgun while an active protective
301	301	order is directed to the actor; or
302	302	(7) is a licensed firearms dealer and sells or
303	303	otherwise transfers a firearm to a person the dealer knows is listed
304	304	in the voluntary registry created under Subchapter H-1, Chapter
305	305	411, Government Code.
306	306	SECTION 5. Section 46.06(b), Penal Code, is amended by
307	307	adding Subdivision (3) to read as follows:
308	308	(3) "Licensed firearms dealer" means a person who is
309	309	licensed as a firearms dealer under 18 U.S.C. Section 923.
310	310	SECTION 6. (a) Not later than September 1, 2022, the
311	311	Department of Public Safety of the State of Texas shall:
312	312	(1) develop and make available the waiver and
313	313	revocation forms and create the voluntary registry required by
314	314	Subchapter H-1, Chapter 411, Government Code, as added by this Act;
315	315	(2) adopt the procedures regarding submitting
316	316	information under Subchapter H-1, Chapter 411, Government Code, as
317	317	added by this Act, to the Federal Bureau of Investigation for use
318	318	with the National Instant Criminal Background Check System; and
319	319	(3) adopt procedures regarding correcting department
320	320	records of individuals listed in the voluntary registry under
321	321	Subchapter H-1, Chapter 411, Government Code, as added by this Act.
322	322	(b) Not later than September 1, 2022, the Texas Board of
323	323	Nursing, the Texas Medical Board, and the Texas Behavioral Health
324	324	Executive Council shall notify all individuals licensed by those
325	325	entities of the existence of the voluntary registry created under
326	326	Subchapter H-1, Chapter 411, Government Code, as added by this Act.
327	327	(c) Section 46.06(a), Penal Code, as amended by this Act,
328	328	applies only to a sale or other transfer of a firearm that occurs on
329	329	or after September 1, 2022.
330	330	SECTION 7. This Act takes effect September 1, 2021.