| 1 | 1 | | By: Moody H.B. No. 22 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to requiring the report of certain sales of multiple |
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| 7 | 7 | | firearms and multiple firearm magazines; creating a criminal |
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| 8 | 8 | | offense. |
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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. Title 6, Business & Commerce Code, is amended by |
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| 11 | 11 | | adding Chapter 205 to read as follows: |
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| 12 | 12 | | CHAPTER 205. REPORTING OF CERTAIN SALES OF MULTIPLE FIREARMS AND |
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| 13 | 13 | | MULTIPLE FIREARM MAGAZINES |
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| 14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 15 | 15 | | Sec. 205.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Department" means the Department of Public Safety |
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| 17 | 17 | | of the State of Texas. |
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| 18 | 18 | | (2) "Firearm" has the meaning assigned by Section |
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| 19 | 19 | | 46.01, Penal Code. |
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| 20 | 20 | | (3) "Multiple firearm sales report" means the form |
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| 21 | 21 | | described by Section 205.101, Business & Commerce Code. |
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| 22 | 22 | | (4) "Retailer" has the meaning assigned by Section |
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| 23 | 23 | | 151.008, Tax Code. |
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| 24 | 24 | | SUBCHAPTER B. REPORTING REQUIREMENTS |
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| 25 | 25 | | Sec. 205.051. REPORTING OF CERTAIN SALES REQUIRED. (a) A |
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| 26 | 26 | | multiple firearm sales report is required when a retailer sells or |
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| 27 | 27 | | otherwise transfers to the same buyer or transferee within five |
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| 28 | 28 | | consecutive days: |
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| 29 | 29 | | (1) more than one firearm; or |
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| 30 | 30 | | (2) more than three detachable firearm magazines, |
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| 31 | 31 | | other than detachable firearm magazines originally packaged with a |
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| 32 | 32 | | firearm by the manufacturer that are sold or otherwise transferred |
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| 33 | 33 | | with the firearm. |
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| 34 | 34 | | (b) The multiple firearm sales report shall be transmitted |
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| 35 | 35 | | to the department before completing a sale or transfer described by |
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| 36 | 36 | | Subsection (a). |
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| 37 | 37 | | (c) Within 24 hours after receiving a multiple firearm sales |
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| 38 | 38 | | report, the department shall transmit it to the sheriff of the |
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| 39 | 39 | | county in which the retailer operates and the sheriff of the county |
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| 40 | 40 | | in which the buyer or transferee resides. |
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| 41 | 41 | | Sec. 205.052. FAILURE TO REPORT; OFFENSE. (a) A person who |
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| 42 | 42 | | intentionally, knowingly, recklessly, or with criminal negligence |
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| 43 | 43 | | fails to transmit a multiple firearm sales report as required by |
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| 44 | 44 | | this subchapter commits an offense. |
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| 45 | 45 | | (b) An offense under this section is a class B misdemeanor. |
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| 46 | 46 | | SUBCHAPTER C. MULTIPLE FIREARM SALES REPORT FORM |
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| 47 | 47 | | Sec. 205.101. FORM. (a) Not later than September 1, 2023, |
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| 48 | 48 | | the department shall develop a form for making a multiple firearm |
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| 49 | 49 | | sales report. |
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| 50 | 50 | | (b) The form shall identify the dates and locations of the |
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| 51 | 51 | | sales or transfers, the firearms or detachable magazines sold or |
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| 52 | 52 | | transferred, and the identity of the retailer and the buyer or |
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| 53 | 53 | | transferee, including a copy of the identification provided by the |
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| 54 | 54 | | buyer or transferee. |
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| 55 | 55 | | (c) When the form required by this section is developed, the |
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| 56 | 56 | | department shall post it on the department's internet website. The |
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| 57 | 57 | | post shall include an email address or electronic portal for |
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| 58 | 58 | | submitting the form and instructions for doing so. |
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| 59 | 59 | | Sec. 205.102. CONFIDENTIALITY. Multiple firearm sales |
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| 60 | 60 | | reports are confidential. |
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| 61 | 61 | | SECTION 2. This Act takes effect September 1, 2023. |
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