88R26840 AJZ-D
By: Goodwin, Reynolds, Ortega, et al. H.B. No. 220
Substitute the following for H.B. No. 220:
By: Canales C.S.H.B. No. 220
A BILL TO BE ENTITLED
AN ACT
relating to the offense of unlawful transfer of handguns and other
firearms and to the duties of certain entities with respect to
handgun licenses that are active, suspended, or revoked; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1805 to read as follows:
Sec. 411.1805. DATABASE OF SUSPENDED AND REVOKED LICENSES.
(a) The department shall maintain a current record of license
numbers with respect to each unexpired license to carry a handgun
that is suspended or revoked under this subchapter.
(b) Notwithstanding Section 411.192, the department shall
make available on the department's publicly accessible Internet
website a searchable database of license numbers that allows a
firearms dealer licensed under 18 U.S.C. Section 923 to determine
whether the person to whom a firearm is being transferred may use
the license as a permit described by 18 U.S.C. Section 922(t). The
department may not include any information that would otherwise
identify the person to whom the license was issued.
(c) Not later than the fifth working day after the
applicable period of suspension ends for a license, the department
shall update the database under Subsection (b) to reflect that the
license is no longer suspended.
(d) If a revoked license is reinstated, the department shall
update the database under Subsection (b) to reflect that
reinstatement not later than the fifth working day after the
reinstatement occurs.
(e) A firearms dealer licensed under 18 U.S.C. Section 923
who transfers a firearm to a person who presents a license issued
under this subchapter is not subject to civil liability for failing
to perform an action described by Section 411.222(a) to verify the
validity of the person's license before the transfer.
(f) The department and each other state agency, and each
political subdivision of this state, are prohibited from collecting
or maintaining a record of information submitted for the purpose of
searching the database under Subsection (b), including information
that may indicate how frequently a particular license number has
been searched in the database.
(g) The director may adopt rules to implement this section.
SECTION 2. Section 411.186, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) If a peace officer believes a reason listed in
Subsection (a) to revoke a license exists, the officer shall
prepare an affidavit on a form provided by the department stating
the reason for the revocation of the license and giving the
department all of the information available to the officer at the
time of the preparation of the form. The officer shall attach the
officer's reports relating to the license holder to the form and
send the form and attachments to the appropriate division of the
department at its Austin headquarters not later than the fifth
working day after the date the form is prepared. The officer shall
send a copy of the form and the attachments to the license holder.
If the license holder has not surrendered the license or the license
was not seized as evidence or otherwise in conjunction with a legal
proceeding, the license holder shall surrender the license to the
appropriate division of the department not later than the 10th day
after the date the license holder receives the notice of revocation
from the department, unless the license holder requests a hearing
from the department. The license holder may request that the
justice court in the justice court precinct in which the license
holder resides review the revocation as provided by Section
411.180. If a request is made for the justice court to review the
revocation and hold a hearing, the license holder shall surrender
the license on the date an order of revocation is entered by the
justice court.
(b-1) If an officer of the court seizes or accepts surrender
of a license under Section 411.2065, the officer shall submit the
license to the department at its Austin headquarters not later than
the fifth working day after the date the license is seized or
surrendered. The officer shall include a copy of any court order,
judgment, or other documentation relevant to the reason for the
seizure or surrender of the license.
SECTION 3. Section 411.187, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) If a peace officer believes a reason listed in
Subsection (a) to suspend a license exists, the officer shall
prepare an affidavit on a form provided by the department stating
the reason for the suspension of the license and giving the
department all of the information available to the officer at the
time of the preparation of the form. The officer shall attach the
officer's reports relating to the license holder to the form and
send the form and the attachments to the appropriate division of the
department at its Austin headquarters not later than the fifth
working day after the date the form is prepared. The officer shall
send a copy of the form and the attachments to the license holder.
If the license holder has not surrendered the license or the license
was not seized as evidence or otherwise in conjunction with a legal
proceeding, the license holder shall surrender the license to the
appropriate division of the department not later than the 10th day
after the date the license holder receives the notice of suspension
from the department unless the license holder requests a hearing
from the department. The license holder may request that the
justice court in the justice court precinct in which the license
holder resides review the suspension as provided by Section
411.180. If a request is made for the justice court to review the
suspension and hold a hearing, the license holder shall surrender
the license on the date an order of suspension is entered by the
justice court.
(b-1) If an officer of the court seizes or accepts surrender
of a license under Section 411.2065, the officer shall submit the
license to the department at its Austin headquarters not later than
the fifth working day after the date the license is seized or
surrendered. The officer shall include a copy of any court order,
judgment, or other documentation relevant to the reason for the
seizure or surrender of the license.
SECTION 4. The heading to Section 411.206, Government Code,
is amended to read as follows:
Sec. 411.206. SEIZURE OF HANDGUN AND LICENSE BY PEACE
OFFICER.
SECTION 5. Section 411.206, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A peace officer may seize a license holder's suspended
or revoked license. A peace officer who seizes a license under this
subsection shall, not later than the fifth working day after the
date of the seizure, return the license to the department or, if the
officer seizes the license as evidence of an offense, notify the
department that the license was seized.
SECTION 6. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.2065 to read as follows:
Sec. 411.2065. SEIZURE OF LICENSE BY AND SURRENDER OF
LICENSE TO COURT OFFICER. (a) If a license holder is convicted of
or charged with an offense or becomes the subject of a protective
order and that conviction, charge, or order disqualifies the person
from possessing a firearm or continuing to hold a license under this
subchapter, an officer of the court shall accept voluntary
surrender of the license or otherwise seize the license, as
appropriate.
(b) An officer who seizes or accepts surrender of a license
under this section shall, not later than the fifth working day after
the date of the seizure or acceptance, submit to the department the
license and copies of the relevant court documentation as provided
by Section 411.186(b-1) or 411.187(b-1), as applicable.
SECTION 7. Chapter 411, Government Code, is amended by
adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS
Sec. 411.221. DEFINITIONS. In this subchapter:
(1) "License" means a license to carry a handgun
issued under Subchapter H.
(2) "Licensed firearms dealer" means a person who is
licensed as a firearms dealer under 18 U.S.C. Section 923.
Sec. 411.222. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS.
(a) Before a licensed firearms dealer transfers a firearm to a
person who presents an apparently valid unexpired license as a
permit described by 18 U.S.C. Section 922(t), the dealer shall
verify that the license is not currently suspended or revoked,
either by:
(1) direct communication with the department; or
(2) referencing the database of license numbers that
is maintained on the department's Internet website under Section
411.1805.
(b) Each time a licensed firearms dealer requests
information from the department to verify the validity of a
person's license under Subsection (a)(1) or (2), the department
shall provide the dealer with a unique identification number to
confirm that the request was made.
(c) If the licensed firearms dealer determines under
Subsection (a) that a person's license is suspended or revoked, the
dealer may transfer a firearm to the person after conducting a
national instant criminal background check in the manner required
by 18 U.S.C. Section 922 and verifying that the person may lawfully
possess a firearm.
(d) If the department is unable to immediately verify the
validity of a person's license under Subsection (a), the licensed
firearms dealer may proceed with the transfer and may treat the
license as a permit described by 18 U.S.C. Section 922(t).
SECTION 8. Not later than January 1, 2024, the Department of
Public Safety shall:
(1) establish the database required under Section
411.1805, Government Code, as added by this Act, and make the
database available on the department's Internet website; and
(2) notify each person in this state who is a licensed
firearms dealer under 18 U.S.C. Section 923, by e-mail or mail, of
the database established under Section 411.1805, Government Code,
as added by this Act, and include a link to the Internet website
where the database is posted.
SECTION 9. Subchapter H-1, Chapter 411, Government Code, as
added by this Act, applies only to a firearm transfer that occurs on
or after January 1, 2024.
SECTION 10. This Act takes effect September 1, 2023.