Texas 2023 - 88th Regular

Texas House Bill HB565 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2036 AJZ-D
2	2	By: Goodwin H.B. No. 565
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the transfer of certain semiautomatic
8	8	rifles to certain recipients; creating a criminal offense;
9	9	increasing a criminal penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 46.06(a), (c), and (d), Penal Code, are
12	12	amended to read as follows:
13	13	(a) A person commits an offense if the person:
14	14	(1) sells, rents, leases, loans, or gives a handgun to
15	15	any person knowing that the person to whom the handgun is to be
16	16	delivered intends to use it unlawfully or in the commission of an
17	17	unlawful act;
18	18	(2) intentionally or knowingly sells, rents, leases,
19	19	or gives or offers to sell, rent, lease, or give:
20	20	(A) to a [any] child younger than 18 years of age
21	21	a [any firearm,] club, [or] location-restricted knife, or firearm
22	22	other than a semiautomatic rifle described by Paragraph (B); or
23	23	(B) to a person younger than 21 years of age a
24	24	semiautomatic rifle that is capable of accepting a detachable
25	25	magazine and that has a caliber greater than .22;
26	26	(3) intentionally, knowingly, or recklessly sells a
27	27	firearm or ammunition for a firearm to any person who is
28	28	intoxicated;
29	29	(4) knowingly sells a firearm or ammunition for a
30	30	firearm to any person who has been convicted of a felony before the
31	31	fifth anniversary of the later of the following dates:
32	32	(A) the person's release from confinement
33	33	following conviction of the felony; or
34	34	(B) the person's release from supervision under
35	35	community supervision, parole, or mandatory supervision following
36	36	conviction of the felony;
37	37	(5) sells, rents, leases, loans, or gives a handgun to
38	38	any person knowing that an active protective order is directed to
39	39	the person to whom the handgun is to be delivered;
40	40	(6) knowingly purchases, rents, leases, or receives as
41	41	a loan or gift from another a handgun while an active protective
42	42	order is directed to the actor; or
43	43	(7) while prohibited from possessing a firearm under
44	44	state or federal law, knowingly makes a material false statement on
45	45	a form that is:
46	46	(A) required by state or federal law for the
47	47	purchase, sale, or other transfer of a firearm; and
48	48	(B) submitted to a [licensed] firearms dealer
49	49	licensed under[, as defined by] 18 U.S.C. Section 923.
50	50	(c) It is an affirmative defense to prosecution under
51	51	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
52	52	whose parent or the person having legal custody of the minor had
53	53	given written permission for the sale or, if the transfer was other
54	54	than a sale, the parent or person having legal custody had given
55	55	effective consent.
56	56	(d) An offense under this section is a Class A misdemeanor,
57	57	except that:
58	58	(1) an offense under Subsection (a)(2)(A) [(a)(2)] is
59	59	a state jail felony if the weapon that is the subject of the offense
60	60	is a handgun; and
61	61	(2) an offense under Subsection (a)(2)(B) or (a)(7) is
62	62	a state jail felony.
63	63	SECTION 2. The change in law made by this Act applies only
64	64	to an offense committed on or after the effective date of this Act.
65	65	An offense committed before the effective date of this Act is
66	66	governed by the law in effect on the date the offense was committed,
67	67	and the former law is continued in effect for that purpose. For
68	68	purposes of this section, an offense was committed before the
69	69	effective date of this Act if any element of the offense occurred
70	70	before that date.
71	71	SECTION 3. This Act takes effect September 1, 2023.