| 1 | 1 | | 88R14963 JSC-D |
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| 2 | 2 | | By: Rosenthal H.B. No. 4817 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a handgun safety course required for the transfer of a |
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| 8 | 8 | | handgun. |
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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. Chapter 411, Government Code, is amended by |
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| 11 | 11 | | adding Subchapter H-1 to read as follows: |
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| 12 | 12 | | SUBCHAPTER H-1. HANDGUN SAFETY |
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| 13 | 13 | | Sec. 411.221. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Handgun" has the meaning assigned by Section |
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| 15 | 15 | | 46.01, Penal Code. |
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| 16 | 16 | | (2) "Qualified handgun instructor" has the meaning |
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| 17 | 17 | | assigned by Section 411.171. |
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| 18 | 18 | | Sec. 411.222. HANDGUN SAFETY COURSE. (a) The director by |
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| 19 | 19 | | rule shall establish minimum standards for a handgun safety course |
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| 20 | 20 | | that a person may complete to receive a certificate of completion |
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| 21 | 21 | | from the department under this section. The course must be |
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| 22 | 22 | | administered by a qualified handgun instructor. |
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| 23 | 23 | | (b) The department shall issue a certificate of completion |
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| 24 | 24 | | to a person who completes the handgun safety course under |
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| 25 | 25 | | Subsection (a). |
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| 26 | 26 | | (c) A person is responsible for paying to the course |
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| 27 | 27 | | provider the costs of a handgun safety course under this section. |
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| 28 | 28 | | SECTION 2. Section 46.06(a), Penal Code, is amended to read |
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| 29 | 29 | | as follows: |
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| 30 | 30 | | (a) A person commits an offense if the person: |
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| 31 | 31 | | (1) sells, rents, leases, loans, or gives a handgun to |
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| 32 | 32 | | any person knowing that the person to whom the handgun is to be |
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| 33 | 33 | | delivered intends to use it unlawfully or in the commission of an |
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| 34 | 34 | | unlawful act; |
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| 35 | 35 | | (2) intentionally or knowingly sells, rents, leases, |
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| 36 | 36 | | or gives or offers to sell, rent, lease, or give to any child |
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| 37 | 37 | | younger than 18 years of age any firearm, club, or |
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| 38 | 38 | | location-restricted knife; |
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| 39 | 39 | | (3) intentionally, knowingly, or recklessly sells a |
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| 40 | 40 | | firearm or ammunition for a firearm to any person who is |
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| 41 | 41 | | intoxicated; |
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| 42 | 42 | | (4) knowingly sells a firearm or ammunition for a |
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| 43 | 43 | | firearm to any person who has been convicted of a felony before the |
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| 44 | 44 | | fifth anniversary of the later of the following dates: |
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| 45 | 45 | | (A) the person's release from confinement |
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| 46 | 46 | | following conviction of the felony; or |
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| 47 | 47 | | (B) the person's release from supervision under |
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| 48 | 48 | | community supervision, parole, or mandatory supervision following |
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| 49 | 49 | | conviction of the felony; |
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| 50 | 50 | | (5) sells, rents, leases, loans, or gives a handgun to |
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| 51 | 51 | | any person knowing that an active protective order is directed to |
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| 52 | 52 | | the person to whom the handgun is to be delivered; |
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| 53 | 53 | | (6) knowingly purchases, rents, leases, or receives as |
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| 54 | 54 | | a loan or gift from another a handgun while an active protective |
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| 55 | 55 | | order is directed to the actor; [or] |
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| 56 | 56 | | (7) while prohibited from possessing a firearm under |
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| 57 | 57 | | state or federal law, knowingly makes a material false statement on |
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| 58 | 58 | | a form that is: |
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| 59 | 59 | | (A) required by state or federal law for the |
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| 60 | 60 | | purchase, sale, or other transfer of a firearm; and |
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| 61 | 61 | | (B) submitted to a [licensed] firearms dealer |
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| 62 | 62 | | licensed under[, as defined by] 18 U.S.C. Section 923; or |
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| 63 | 63 | | (8) sells, rents, leases, loans, or gives a handgun to |
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| 64 | 64 | | any person without first verifying that the person possesses a |
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| 65 | 65 | | certificate of completion issued by the Department of Public Safety |
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| 66 | 66 | | under Section 411.222, Government Code. |
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| 67 | 67 | | SECTION 3. The public safety director of the Department of |
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| 68 | 68 | | Public Safety shall adopt the rules necessary to implement Section |
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| 69 | 69 | | 411.222, Government Code, as added by this Act, not later than |
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| 70 | 70 | | December 1, 2023. |
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| 71 | 71 | | SECTION 4. Section 46.06(a), Penal Code, as amended by this |
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| 72 | 72 | | Act, applies only to an offense committed on or after January 1, |
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| 73 | 73 | | 2024. An offense committed before January 1, 2024, is governed by |
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| 74 | 74 | | the law in effect on the date the offense was committed, and the |
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| 75 | 75 | | former law is continued in effect for that purpose. For purposes of |
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| 76 | 76 | | this section, an offense was committed before January 1, 2024, if |
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| 77 | 77 | | any element of the offense occurred before that date. |
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| 78 | 78 | | SECTION 5. To the extent of any conflict, this Act prevails |
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| 79 | 79 | | over another Act of the 88th Legislature, Regular Session, 2023, |
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| 80 | 80 | | relating to nonsubstantive additions to and corrections in enacted |
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| 81 | 81 | | codes. |
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| 82 | 82 | | SECTION 6. This Act takes effect September 1, 2023. |
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