Texas 2023 - 88th Regular

Texas House Bill HB2435 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7843 MZM-D
2	2	By: Plesa H.B. No. 2435
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the unlawful transfer or purchase of certain weapons;
8	8	creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 46.06, Penal Code, is
11	11	amended to read as follows:
12	12	Sec. 46.06. UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN
13	13	WEAPONS.
14	14	SECTION 2. Sections 46.06(a) and (d), Penal Code, are
15	15	amended to read as follows:
16	16	(a) A person commits an offense if the person:
17	17	(1) sells, rents, leases, loans, or gives a handgun to
18	18	any person knowing that the person to whom the handgun is to be
19	19	delivered intends to use it unlawfully or in the commission of an
20	20	unlawful act;
21	21	(2) intentionally or knowingly sells, rents, leases,
22	22	or gives or offers to sell, rent, lease, or give to any child
23	23	younger than 18 years of age any firearm, club, or
24	24	location-restricted knife;
25	25	(3) intentionally, knowingly, or recklessly sells a
26	26	firearm or ammunition for a firearm to any person who is
27	27	intoxicated;
28	28	(4) sells, rents, leases, loans, or gives a firearm or
29	29	ammunition for a firearm to any person knowing or having reasonable
30	30	cause to believe that the person is prohibited from possessing a
31	31	firearm or ammunition for a firearm by state or federal law
32	32	[knowingly sells a firearm or ammunition for a firearm to any person
33	33	who has been convicted of a felony before the fifth anniversary of
34	34	the later of the following dates:
35	35	[(A) the person's release from confinement
36	36	following conviction of the felony; or
37	37	[(B) the person's release from supervision under
38	38	community supervision, parole, or mandatory supervision following
39	39	conviction of the felony];
40	40	(5) sells, rents, leases, loans, or gives a handgun to
41	41	any person knowing that an active protective order is directed to
42	42	the person to whom the handgun is to be delivered;
43	43	(6) knowingly purchases, rents, leases, or receives as
44	44	a loan or gift from another a handgun while an active protective
45	45	order is directed to the actor; [or]
46	46	(7) while prohibited from possessing a firearm under
47	47	state or federal law, knowingly makes a material false statement on
48	48	a form that is:
49	49	(A) required by state or federal law for the
50	50	purchase, sale, or other transfer of a firearm; and
51	51	(B) submitted to a [licensed] firearms dealer
52	52	licensed under[, as defined by] 18 U.S.C. Section 923; or
53	53	(8) purchases or attempts to purchase a firearm with
54	54	intent to deliver the firearm to a person knowing that the person to
55	55	whom the firearm is to be delivered is prohibited from possessing
56	56	the firearm by state or federal law.
57	57	(d) An offense under this section is a Class A misdemeanor,
58	58	except that:
59	59	(1) an offense under Subsection (a)(2) is a state jail
60	60	felony if the weapon that is the subject of the offense is a
61	61	handgun; and
62	62	(2) an offense under Subsection (a)(4), (a)(7), or
63	63	(a)(8) is a state jail felony.
64	64	SECTION 3. To the extent of any conflict, this Act prevails
65	65	over another Act of the 88th Legislature, Regular Session, 2023,
66	66	relating to nonsubstantive additions to and corrections in enacted
67	67	codes.
68	68	SECTION 4. The change in law made by this Act applies only
69	69	to an offense committed on or after the effective date of this Act.
70	70	An offense committed before the effective date of this Act is
71	71	governed by the law in effect on the date the offense was committed,
72	72	and the former law is continued in effect for that purpose. For
73	73	purposes of this section, an offense was committed before the
74	74	effective date of this Act if any element of the offense occurred
75	75	before that date.
76	76	SECTION 5. This Act takes effect September 1, 2023.