88R7235 SHH-F
By: Hinojosa H.B. No. 1779
A BILL TO BE ENTITLED
AN ACT
relating to the 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 firearms dealer licensed under 18 U.S.C. Section 923
who declines to transfer a firearm to a prospective transferee in
this state 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
NOTIFICATION. (a) If the department receives a notification under
Section 46.06(e), Penal Code, from a firearms dealer licensed 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 Section 46.06,
Penal Code, the department shall refer the case to the appropriate
local authorities for further investigation and possible
prosecution.
SECTION 3. As soon as practicable after the effective date
of this Act, the Department of Public Safety of the State of Texas
shall:
(1) obtain from the Bureau of Alcohol, Tobacco,
Firearms and Explosives a list of firearms dealers in this state
licensed under 18 U.S.C. Section 923; and
(2) notify each dealer of the reporting requirements
established by Section 46.06(e), Penal Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2023.