| 1 | 1 | | 88R4636 EAS-D |
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| 2 | 2 | | By: Eckhardt S.B. No. 405 |
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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 the reporting of lost or stolen firearms; creating a |
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| 8 | 8 | | criminal offense. |
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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. Subchapter D, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.056 to read as follows: |
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| 12 | 12 | | Sec. 411.056. REPORT OF LOST OR STOLEN FIREARM. (a) A |
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| 13 | 13 | | peace officer who receives a report from the owner of a firearm or |
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| 14 | 14 | | the owner's agent that the firearm was lost or stolen shall report |
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| 15 | 15 | | the loss or theft to the department. The report must include: |
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| 16 | 16 | | (1) the name of the owner; |
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| 17 | 17 | | (2) any available information about the firearm; and |
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| 18 | 18 | | (3) the date that the owner became aware the firearm |
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| 19 | 19 | | was lost or stolen. |
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| 20 | 20 | | (b) The department shall regularly send all reports |
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| 21 | 21 | | received under Subsection (a) to the National Crime Information |
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| 22 | 22 | | Center. |
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| 23 | 23 | | SECTION 2. Chapter 46, Penal Code, is amended by adding |
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| 24 | 24 | | Section 46.135 to read as follows: |
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| 25 | 25 | | Sec. 46.135. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a) |
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| 26 | 26 | | A person commits an offense if the person: |
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| 27 | 27 | | (1) owns a firearm that is subsequently lost by or |
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| 28 | 28 | | stolen from the person; and |
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| 29 | 29 | | (2) fails to report the loss or theft, or cause a |
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| 30 | 30 | | report of the loss or theft to be made, to a peace officer or law |
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| 31 | 31 | | enforcement agency not later than 24 hours after the time the person |
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| 32 | 32 | | became aware the firearm was lost or stolen. |
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| 33 | 33 | | (b) An offense under this section is a Class C misdemeanor, |
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| 34 | 34 | | except that the offense is a Class B misdemeanor if it is shown on |
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| 35 | 35 | | the trial of the offense that the defendant has been previously |
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| 36 | 36 | | convicted of an offense under this section. |
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| 37 | 37 | | (c) If conduct constituting an offense under this section |
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| 38 | 38 | | also constitutes an offense under another section of this code, the |
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| 39 | 39 | | actor may be prosecuted under either section or under both |
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| 40 | 40 | | sections. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2023. |
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