| 1 | 1 | | 88R7235 SHH-F |
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| 2 | 2 | | By: Hinojosa H.B. No. 1779 |
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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 the attempted acquisition of a firearm by a person |
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| 8 | 8 | | prohibited from possessing a firearm. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 46.06, Penal Code, is amended by adding |
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| 11 | 11 | | Subsection (e) to read as follows: |
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| 12 | 12 | | (e) A firearms dealer licensed under 18 U.S.C. Section 923 |
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| 13 | 13 | | who declines to transfer a firearm to a prospective transferee in |
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| 14 | 14 | | this state because the National Instant Criminal Background Check |
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| 15 | 15 | | System indicates that the prospective transferee is prohibited from |
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| 16 | 16 | | possessing a firearm shall notify the Department of Public Safety. |
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| 17 | 17 | | SECTION 2. Subchapter D, Chapter 411, Government Code, is |
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| 18 | 18 | | amended by adding Section 411.0525 to read as follows: |
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| 19 | 19 | | Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER |
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| 20 | 20 | | NOTIFICATION. (a) If the department receives a notification under |
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| 21 | 21 | | Section 46.06(e), Penal Code, from a firearms dealer licensed under |
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| 22 | 22 | | 18 U.S.C. Section 923, the department shall initiate an |
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| 23 | 23 | | 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 Section 46.06, |
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| 26 | 26 | | Penal Code, the department shall refer the case to the appropriate |
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| 27 | 27 | | local authorities for further investigation and possible |
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| 28 | 28 | | prosecution. |
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| 29 | 29 | | SECTION 3. As soon as practicable after the effective date |
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| 30 | 30 | | of this Act, the Department of Public Safety of the State of Texas |
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| 31 | 31 | | shall: |
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| 32 | 32 | | (1) obtain from the Bureau of Alcohol, Tobacco, |
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| 33 | 33 | | Firearms and Explosives a list of firearms dealers in this state |
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| 34 | 34 | | licensed under 18 U.S.C. Section 923; and |
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| 35 | 35 | | (2) notify each dealer of the reporting requirements |
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| 36 | 36 | | established by Section 46.06(e), Penal Code, as added by this Act. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2023. |
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