Texas 2023 - 88th Regular

Texas House Bill HB220 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R26840 AJZ-D
2	2	By: Goodwin, Reynolds, Ortega, et al. H.B. No. 220
3	3	Substitute the following for H.B. No. 220:
4	4	By: Canales C.S.H.B. No. 220
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the offense of unlawful transfer of handguns and other
10	10	firearms and to the duties of certain entities with respect to
11	11	handgun licenses that are active, suspended, or revoked; creating a
12	12	criminal offense.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter H, Chapter 411, Government Code, is
15	15	amended by adding Section 411.1805 to read as follows:
16	16	Sec. 411.1805. DATABASE OF SUSPENDED AND REVOKED LICENSES.
17	17	(a) The department shall maintain a current record of license
18	18	numbers with respect to each unexpired license to carry a handgun
19	19	that is suspended or revoked under this subchapter.
20	20	(b) Notwithstanding Section 411.192, the department shall
21	21	make available on the department's publicly accessible Internet
22	22	website a searchable database of license numbers that allows a
23	23	firearms dealer licensed under 18 U.S.C. Section 923 to determine
24	24	whether the person to whom a firearm is being transferred may use
25	25	the license as a permit described by 18 U.S.C. Section 922(t). The
26	26	department may not include any information that would otherwise
27	27	identify the person to whom the license was issued.
28	28	(c) Not later than the fifth working day after the
29	29	applicable period of suspension ends for a license, the department
30	30	shall update the database under Subsection (b) to reflect that the
31	31	license is no longer suspended.
32	32	(d) If a revoked license is reinstated, the department shall
33	33	update the database under Subsection (b) to reflect that
34	34	reinstatement not later than the fifth working day after the
35	35	reinstatement occurs.
36	36	(e) A firearms dealer licensed under 18 U.S.C. Section 923
37	37	who transfers a firearm to a person who presents a license issued
38	38	under this subchapter is not subject to civil liability for failing
39	39	to perform an action described by Section 411.222(a) to verify the
40	40	validity of the person's license before the transfer.
41	41	(f) The department and each other state agency, and each
42	42	political subdivision of this state, are prohibited from collecting
43	43	or maintaining a record of information submitted for the purpose of
44	44	searching the database under Subsection (b), including information
45	45	that may indicate how frequently a particular license number has
46	46	been searched in the database.
47	47	(g) The director may adopt rules to implement this section.
48	48	SECTION 2. Section 411.186, Government Code, is amended by
49	49	amending Subsection (b) and adding Subsection (b-1) to read as
50	50	follows:
51	51	(b) If a peace officer believes a reason listed in
52	52	Subsection (a) to revoke a license exists, the officer shall
53	53	prepare an affidavit on a form provided by the department stating
54	54	the reason for the revocation of the license and giving the
55	55	department all of the information available to the officer at the
56	56	time of the preparation of the form. The officer shall attach the
57	57	officer's reports relating to the license holder to the form and
58	58	send the form and attachments to the appropriate division of the
59	59	department at its Austin headquarters not later than the fifth
60	60	working day after the date the form is prepared. The officer shall
61	61	send a copy of the form and the attachments to the license holder.
62	62	If the license holder has not surrendered the license or the license
63	63	was not seized as evidence or otherwise in conjunction with a legal
64	64	proceeding, the license holder shall surrender the license to the
65	65	appropriate division of the department not later than the 10th day
66	66	after the date the license holder receives the notice of revocation
67	67	from the department, unless the license holder requests a hearing
68	68	from the department. The license holder may request that the
69	69	justice court in the justice court precinct in which the license
70	70	holder resides review the revocation as provided by Section
71	71	411.180. If a request is made for the justice court to review the
72	72	revocation and hold a hearing, the license holder shall surrender
73	73	the license on the date an order of revocation is entered by the
74	74	justice court.
75	75	(b-1) If an officer of the court seizes or accepts surrender
76	76	of a license under Section 411.2065, the officer shall submit the
77	77	license to the department at its Austin headquarters not later than
78	78	the fifth working day after the date the license is seized or
79	79	surrendered. The officer shall include a copy of any court order,
80	80	judgment, or other documentation relevant to the reason for the
81	81	seizure or surrender of the license.
82	82	SECTION 3. Section 411.187, Government Code, is amended by
83	83	amending Subsection (b) and adding Subsection (b-1) to read as
84	84	follows:
85	85	(b) If a peace officer believes a reason listed in
86	86	Subsection (a) to suspend a license exists, the officer shall
87	87	prepare an affidavit on a form provided by the department stating
88	88	the reason for the suspension of the license and giving the
89	89	department all of the information available to the officer at the
90	90	time of the preparation of the form. The officer shall attach the
91	91	officer's reports relating to the license holder to the form and
92	92	send the form and the attachments to the appropriate division of the
93	93	department at its Austin headquarters not later than the fifth
94	94	working day after the date the form is prepared. The officer shall
95	95	send a copy of the form and the attachments to the license holder.
96	96	If the license holder has not surrendered the license or the license
97	97	was not seized as evidence or otherwise in conjunction with a legal
98	98	proceeding, the license holder shall surrender the license to the
99	99	appropriate division of the department not later than the 10th day
100	100	after the date the license holder receives the notice of suspension
101	101	from the department unless the license holder requests a hearing
102	102	from the department. The license holder may request that the
103	103	justice court in the justice court precinct in which the license
104	104	holder resides review the suspension as provided by Section
105	105	411.180. If a request is made for the justice court to review the
106	106	suspension and hold a hearing, the license holder shall surrender
107	107	the license on the date an order of suspension is entered by the
108	108	justice court.
109	109	(b-1) If an officer of the court seizes or accepts surrender
110	110	of a license under Section 411.2065, the officer shall submit the
111	111	license to the department at its Austin headquarters not later than
112	112	the fifth working day after the date the license is seized or
113	113	surrendered. The officer shall include a copy of any court order,
114	114	judgment, or other documentation relevant to the reason for the
115	115	seizure or surrender of the license.
116	116	SECTION 4. The heading to Section 411.206, Government Code,
117	117	is amended to read as follows:
118	118	Sec. 411.206. SEIZURE OF HANDGUN AND LICENSE BY PEACE
119	119	OFFICER.
120	120	SECTION 5. Section 411.206, Government Code, is amended by
121	121	adding Subsection (a-1) to read as follows:
122	122	(a-1) A peace officer may seize a license holder's suspended
123	123	or revoked license. A peace officer who seizes a license under this
124	124	subsection shall, not later than the fifth working day after the
125	125	date of the seizure, return the license to the department or, if the
126	126	officer seizes the license as evidence of an offense, notify the
127	127	department that the license was seized.
128	128	SECTION 6. Subchapter H, Chapter 411, Government Code, is
129	129	amended by adding Section 411.2065 to read as follows:
130	130	Sec. 411.2065. SEIZURE OF LICENSE BY AND SURRENDER OF
131	131	LICENSE TO COURT OFFICER. (a) If a license holder is convicted of
132	132	or charged with an offense or becomes the subject of a protective
133	133	order and that conviction, charge, or order disqualifies the person
134	134	from possessing a firearm or continuing to hold a license under this
135	135	subchapter, an officer of the court shall accept voluntary
136	136	surrender of the license or otherwise seize the license, as
137	137	appropriate.
138	138	(b) An officer who seizes or accepts surrender of a license
139	139	under this section shall, not later than the fifth working day after
140	140	the date of the seizure or acceptance, submit to the department the
141	141	license and copies of the relevant court documentation as provided
142	142	by Section 411.186(b-1) or 411.187(b-1), as applicable.
143	143	SECTION 7. Chapter 411, Government Code, is amended by
144	144	adding Subchapter H-1 to read as follows:
145	145	SUBCHAPTER H-1. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS
146	146	Sec. 411.221. DEFINITIONS. In this subchapter:
147	147	(1) "License" means a license to carry a handgun
148	148	issued under Subchapter H.
149	149	(2) "Licensed firearms dealer" means a person who is
150	150	licensed as a firearms dealer under 18 U.S.C. Section 923.
151	151	Sec. 411.222. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS.
152	152	(a) Before a licensed firearms dealer transfers a firearm to a
153	153	person who presents an apparently valid unexpired license as a
154	154	permit described by 18 U.S.C. Section 922(t), the dealer shall
155	155	verify that the license is not currently suspended or revoked,
156	156	either by:
157	157	(1) direct communication with the department; or
158	158	(2) referencing the database of license numbers that
159	159	is maintained on the department's Internet website under Section
160	160	411.1805.
161	161	(b) Each time a licensed firearms dealer requests
162	162	information from the department to verify the validity of a
163	163	person's license under Subsection (a)(1) or (2), the department
164	164	shall provide the dealer with a unique identification number to
165	165	confirm that the request was made.
166	166	(c) If the licensed firearms dealer determines under
167	167	Subsection (a) that a person's license is suspended or revoked, the
168	168	dealer may transfer a firearm to the person after conducting a
169	169	national instant criminal background check in the manner required
170	170	by 18 U.S.C. Section 922 and verifying that the person may lawfully
171	171	possess a firearm.
172	172	(d) If the department is unable to immediately verify the
173	173	validity of a person's license under Subsection (a), the licensed
174	174	firearms dealer may proceed with the transfer and may treat the
175	175	license as a permit described by 18 U.S.C. Section 922(t).
176	176	SECTION 8. Not later than January 1, 2024, the Department of
177	177	Public Safety shall:
178	178	(1) establish the database required under Section
179	179	411.1805, Government Code, as added by this Act, and make the
180	180	database available on the department's Internet website; and
181	181	(2) notify each person in this state who is a licensed
182	182	firearms dealer under 18 U.S.C. Section 923, by e-mail or mail, of
183	183	the database established under Section 411.1805, Government Code,
184	184	as added by this Act, and include a link to the Internet website
185	185	where the database is posted.
186	186	SECTION 9. Subchapter H-1, Chapter 411, Government Code, as
187	187	added by this Act, applies only to a firearm transfer that occurs on
188	188	or after January 1, 2024.
189	189	SECTION 10. This Act takes effect September 1, 2023.