By: Moody H.B. No. 22
A BILL TO BE ENTITLED
AN ACT
relating to requiring the report of certain sales of multiple
firearms and multiple firearm magazines; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Business & Commerce Code, is amended by
adding Chapter 205 to read as follows:
CHAPTER 205. REPORTING OF CERTAIN SALES OF MULTIPLE FIREARMS AND
MULTIPLE FIREARM MAGAZINES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Public Safety
of the State of Texas.
(2) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(3) "Multiple firearm sales report" means the form
described by Section 205.101, Business & Commerce Code.
(4) "Retailer" has the meaning assigned by Section
151.008, Tax Code.
SUBCHAPTER B. REPORTING REQUIREMENTS
Sec. 205.051. REPORTING OF CERTAIN SALES REQUIRED. (a) A
multiple firearm sales report is required when a retailer sells or
otherwise transfers to the same buyer or transferee within five
consecutive days:
(1) more than one firearm; or
(2) more than three detachable firearm magazines,
other than detachable firearm magazines originally packaged with a
firearm by the manufacturer that are sold or otherwise transferred
with the firearm.
(b) The multiple firearm sales report shall be transmitted
to the department before completing a sale or transfer described by
Subsection (a).
(c) Within 24 hours after receiving a multiple firearm sales
report, the department shall transmit it to the sheriff of the
county in which the retailer operates and the sheriff of the county
in which the buyer or transferee resides.
Sec. 205.052. FAILURE TO REPORT; OFFENSE. (a) A person who
intentionally, knowingly, recklessly, or with criminal negligence
fails to transmit a multiple firearm sales report as required by
this subchapter commits an offense.
(b) An offense under this section is a class B misdemeanor.
SUBCHAPTER C. MULTIPLE FIREARM SALES REPORT FORM
Sec. 205.101. FORM. (a) Not later than September 1, 2023,
the department shall develop a form for making a multiple firearm
sales report.
(b) The form shall identify the dates and locations of the
sales or transfers, the firearms or detachable magazines sold or
transferred, and the identity of the retailer and the buyer or
transferee, including a copy of the identification provided by the
buyer or transferee.
(c) When the form required by this section is developed, the
department shall post it on the department's internet website. The
post shall include an email address or electronic portal for
submitting the form and instructions for doing so.
Sec. 205.102. CONFIDENTIALITY. Multiple firearm sales
reports are confidential.
SECTION 2. This Act takes effect September 1, 2023.