Texas 2023 - 88th Regular

Texas Senate Bill SB906 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4062 EAS-D
2	2	By: Johnson S.B. No. 906
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Do-Not-Sell Registry for
8	8	firearms; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 411, Government Code, is amended by
11	11	adding Subchapter H-1 to read as follows:
12	12	SUBCHAPTER H-1. TEXAS DO-NOT-SELL REGISTRY
13	13	Sec. 411.221. DEFINITIONS. In this subchapter:
14	14	(1) "Firearm" has the meaning assigned by Section
15	15	46.01, Penal Code.
16	16	(2) "Registry" means the Texas Do-Not-Sell Registry
17	17	established under this subchapter.
18	18	Sec. 411.222. REGISTRY OF INDIVIDUALS WAIVING RIGHT TO
19	19	PURCHASE OR RECEIVE TRANSFER OF FIREARM. (a) The department shall
20	20	establish and maintain a secure electronic registry to collect and
21	21	store information regarding individuals who have voluntarily
22	22	waived the right to purchase or receive transfer of a firearm under
23	23	Section 411.223.
24	24	(b) To be eligible to have the individual's waiver
25	25	information included in the registry, an individual must be:
26	26	(1) a resident of this state;
27	27	(2) at least 18 years of age; and
28	28	(3) not otherwise prohibited by state or federal law
29	29	from possessing a firearm.
30	30	Sec. 411.223. WAIVER OF RIGHT TO PURCHASE OR RECEIVE
31	31	TRANSFER OF FIREARM. (a) An individual may submit to the
32	32	department, on a form prescribed by the department, a waiver of the
33	33	individual's right to purchase or receive transfer of a firearm.
34	34	The individual may submit the waiver form to the department either
35	35	in person or by mail and must include with the form any supplemental
36	36	materials required by the department under Subsection (c) to ensure
37	37	accuracy of information on the form.
38	38	(b) The waiver form must require the individual to provide
39	39	information sufficient to enable the department to:
40	40	(1) verify the individual's identity; and
41	41	(2) submit the information to the Federal Bureau of
42	42	Investigation for use with the National Instant Criminal Background
43	43	Check System.
44	44	(c) The department by rule shall require an individual to
45	45	submit a copy of the individual's government-issued photo
46	46	identification with the waiver form and may require any other
47	47	supplemental materials to ensure accuracy of information on the
48	48	form. The waiver form must include instructions on which
49	49	supplemental materials should accompany the waiver form, if any.
50	50	(d) In addition to other requirements specified by
51	51	department rule, the waiver form must contain the following
52	52	prominently displayed statement:
53	53	"BECAUSE YOU HAVE SUBMITTED THIS WAIVER, YOUR INFORMATION
54	54	WILL BE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
55	55	SYSTEM WHICH WILL PREVENT YOU FROM PURCHASING OR RECEIVING TRANSFER
56	56	OF ANY FIREARMS WHILE THE WAIVER IS IN EFFECT. YOU MAY VOLUNTARILY
57	57	REVOKE THIS WAIVER AT ANY TIME BY SUBMITTING A REVOCATION FORM TO
58	58	THE TEXAS DEPARTMENT OF PUBLIC SAFETY."
59	59	(e) In submitting the waiver, the individual may provide the
60	60	name and contact information of a third person to be notified if the
61	61	individual revokes the waiver.
62	62	(f) The fact that an individual has submitted a waiver under
63	63	this section or is listed in the voluntary registry does not in
64	64	itself prohibit the individual from possessing a firearm under
65	65	state law.
66	66	(g) A waiver under this subchapter is valid only if the
67	67	waiver:
68	68	(1) is submitted by an individual described by Section
69	69	411.222(b) for the purpose of waiving that individual's right to
70	70	purchase or receive transfer of a firearm;
71	71	(2) provides all of the information required to be
72	72	included on the waiver form under Subsection (b); and
73	73	(3) includes any supplemental materials required
74	74	under Subsection (c).
75	75	Sec. 411.224. ADDITION TO REGISTRY AND NATIONAL INSTANT
76	76	CRIMINAL BACKGROUND CHECK SYSTEM. (a) As soon as practicable after
77	77	the department receives a waiver form and any accompanying
78	78	materials, the department shall determine whether the waiver is
79	79	valid and meets the requirements of Section 411.223(g).
80	80	(b) If the department determines that the submitted waiver
81	81	is valid, the department shall:
82	82	(1) provide the information from the waiver to the
83	83	Federal Bureau of Investigation for use with the National Instant
84	84	Criminal Background Check System; and
85	85	(2) notify the individual by mail that the
86	86	individual's information has been submitted for inclusion in the
87	87	National Instant Criminal Background Check System.
88	88	(c) If the department determines that the submitted waiver
89	89	is not valid, the department shall provide to the individual by
90	90	mail, as applicable:
91	91	(1) notice that there is a deficiency in the waiver
92	92	form or in the supplemental materials submitted with the waiver
93	93	form, which must include instructions that will assist the
94	94	individual in correcting the deficiency; or
95	95	(2) notice that the individual is not eligible to be
96	96	included on the registry.
97	97	Sec. 411.225. REVOCATION OF WAIVER; REMOVAL FROM REGISTRY.
98	98	(a) An individual who has previously submitted a valid waiver to
99	99	the department and whose information has been included in the
100	100	registry may revoke the waiver under this subchapter in person or by
101	101	mail by submitting a revocation to the department on a form
102	102	prescribed by the department.
103	103	(b) The revocation form must require the individual to
104	104	provide information sufficient to enable the department to verify
105	105	that the individual submitting the revocation form is the same
106	106	individual who submitted the waiver.
107	107	(c) As soon as practicable after the department receives a
108	108	revocation form, the department shall determine if the revocation
109	109	is valid.
110	110	(d) If the department determines that the submitted
111	111	revocation is valid, the department shall notify both the
112	112	individual who submitted the revocation form and the third person
113	113	designated with the submission of the waiver under Section
114	114	411.223(e), if applicable:
115	115	(1) that the department has received a revocation
116	116	form; and
117	117	(2) of the date by which the department will provide
118	118	the information from the form to the Federal Bureau of
119	119	Investigation to enable that agency to remove the individual's
120	120	information from the National Instant Criminal Background Check
121	121	System.
122	122	(e) If the department determines that the submitted
123	123	revocation is not valid, the department shall provide to the
124	124	individual by mail:
125	125	(1) notice that the revocation is deficient; and
126	126	(2) instructions that will assist the individual in
127	127	correcting the deficiency.
128	128	(f) A revocation under this subchapter is valid only if:
129	129	(1) the individual requesting the revocation submits
130	130	the revocation form as required by the department;
131	131	(2) the revocation form provides all of the
132	132	information required to be included on the form by the department;
133	133	and
134	134	(3) the department is able to verify the individual's
135	135	identity through the information provided on the revocation form.
136	136	(g) Except as provided by Subsection (h), as soon as
137	137	practicable after the date the department receives a valid
138	138	revocation form, the department shall:
139	139	(1) provide the information from the form to the
140	140	Federal Bureau of Investigation to enable that agency to remove the
141	141	individual's information from the National Instant Criminal
142	142	Background Check System; and
143	143	(2) remove the individual's information from the
144	144	voluntary registry.
145	145	(h) The department may not remove information about an
146	146	individual from the voluntary registry, and may not provide that
147	147	individual's information to the Federal Bureau of Investigation for
148	148	removal from the National Instant Criminal Background Check System,
149	149	before the 10th day after the date the individual submitted a waiver
150	150	for inclusion in the registry, regardless of whether a revocation
151	151	of the waiver is submitted before the expiration of that period.
152	152	Sec. 411.226. WAIVERS AND REVOCATIONS BY OTHER INDIVIDUALS
153	153	NOT PERMITTED. (a) An individual may not submit a waiver or
154	154	revocation form under this subchapter on behalf of another
155	155	individual, regardless of the relationship between the
156	156	individuals.
157	157	(b) The department may not add or remove an individual's
158	158	information from the registry based on a waiver or revocation form,
159	159	as applicable, that is submitted by another individual.
160	160	Sec. 411.227. MULTIPLE WAIVERS AND REVOCATIONS PERMITTED.
161	161	An individual may make one or more waivers or revocations of waiver
162	162	under this subchapter, as the individual considers necessary or
163	163	appropriate.
164	164	Sec. 411.228. AVAILABILITY OF FORMS. The department shall
165	165	make available the waiver form described by Section 411.223 and the
166	166	revocation form described by Section 411.225 on the department's
167	167	Internet website. The Internet website must include clear
168	168	instructions for:
169	169	(1) completing and submitting a waiver or revocation
170	170	form; and
171	171	(2) submitting with the waiver any supplemental
172	172	materials needed to ensure accuracy of information on the waiver
173	173	form.
174	174	Sec. 411.229. CONFIDENTIALITY AND DISCLOSURE OF
175	175	INFORMATION. (a) Except as provided by Subsection (b),
176	176	information maintained by the department regarding an individual
177	177	who has voluntarily waived the right to purchase or receive
178	178	transfer of a firearm under this subchapter:
179	179	(1) is confidential and not subject to disclosure
180	180	under Chapter 552; and
181	181	(2) may only be disclosed to:
182	182	(A) a law enforcement officer in connection with
183	183	a prospective transfer of a firearm; or
184	184	(B) the individual who is the subject of the
185	185	information in the form.
186	186	(b) The department may release anonymized statistics
187	187	regarding:
188	188	(1) the number of individuals who submitted waivers
189	189	under Section 411.223 for inclusion on the registry;
190	190	(2) the number of individuals who submitted
191	191	revocations under Section 411.225 for removal of their information
192	192	from the registry; and
193	193	(3) the number of individuals whose information is
194	194	currently included in the registry.
195	195	Sec. 411.230. OFFENSE: SUBMITTING INFORMATION ON BEHALF OF
196	196	ANOTHER. (a) A person commits an offense if the person knowingly
197	197	submits to the department:
198	198	(1) a waiver under Section 411.223 to add the
199	199	information of another individual to the registry; or
200	200	(2) a revocation under Section 411.225 to remove the
201	201	information of another individual from the registry.
202	202	(b) An offense under this section is a Class A misdemeanor.
203	203	Sec. 411.231. OFFENSE: DISCRIMINATION. (a) A person
204	204	commits an offense if the person for any reason discriminates
205	205	against an individual with respect to employment, housing,
206	206	education, public benefits, insurance, or any other benefit or
207	207	service because of the individual's perceived status as:
208	208	(1) a person listed in the registry; or
209	209	(2) a person not listed in the registry.
210	210	(b) An offense under this section is a Class A misdemeanor.
211	211	Sec. 411.232. OFFENSE: REQUIRING REGISTRATION OR
212	212	REVOCATION OF REGISTRATION. (a) A person commits an offense if the
213	213	person requires, as a condition for employment, housing, education,
214	214	public benefits, insurance, or any other benefit or service, the
215	215	individual to disclose or modify the individual's status as:
216	216	(1) a person listed in the registry; or
217	217	(2) a person not listed in the registry.
218	218	(b) An offense under this section is a Class A misdemeanor.
219	219	Sec. 411.233. CONSIDERATION IN LEGAL PROCEEDINGS
220	220	PROHIBITED. A court may not consider a waiver or revocation under
221	221	this subchapter as evidence in any legal proceeding other than in
222	222	the prosecution of an offense under Section 46.06(a)(8), Penal
223	223	Code, or an offense under this subchapter.
224	224	Sec. 411.234. RULES. (a) The director shall adopt rules to
225	225	establish and maintain the secure electronic registry, including
226	226	rules prescribing the forms necessary for submission or revocation
227	227	of a waiver described by this subchapter. The rules may not
228	228	establish any eligibility requirements to submit a waiver or
229	229	revocation form other than the requirements under this subchapter.
230	230	(b) The department by rule shall establish procedures that
231	231	will enable the department to provide information from a waiver
232	232	form under Section 411.223 or a revocation form under Section
233	233	411.225 to the Federal Bureau of Investigation for use with the
234	234	National Instant Criminal Background Check System.
235	235	(c) The department by rule shall establish a procedure to
236	236	correct department records as necessary to accurately reflect an
237	237	individual's waiver status and a procedure to transmit the
238	238	corrected records to the Federal Bureau of Investigation.
239	239	SECTION 2. Section 51.9194(a), Education Code, is amended
240	240	to read as follows:
241	241	(a) A general academic teaching institution shall provide
242	242	to each entering full-time undergraduate, graduate, or
243	243	professional student, including each full-time undergraduate,
244	244	graduate, or professional student who transfers to the institution,
245	245	information about:
246	246	(1) available mental health and suicide prevention
247	247	services offered by the institution or by any associated
248	248	organizations or programs; [and]
249	249	(2) an individual's ability to voluntarily waive the
250	250	right to purchase or receive transfer of a firearm through the
251	251	registry established under Subchapter H-1, Chapter 411, Government
252	252	Code; and
253	253	(3) early warning signs that are often present in and
254	254	appropriate intervention for a person who may be considering
255	255	suicide.
256	256	SECTION 3. Section 1001.072, Health and Safety Code, is
257	257	amended to read as follows:
258	258	Sec. 1001.072. GENERAL POWERS AND DUTIES OF DEPARTMENT
259	259	RELATED TO MENTAL HEALTH. The department is responsible for
260	260	administering human services programs regarding mental health,
261	261	including:
262	262	(1) administering and coordinating mental health
263	263	services at the local and state level;
264	264	(2) operating the state's mental health facilities;
265	265	[and]
266	266	(3) incorporating an individual's ability to
267	267	voluntarily waive the right to purchase or receive transfer of a
268	268	firearm under Subchapter H-1, Chapter 411, Government Code, into
269	269	department training, curriculum, guidance, or other standards
270	270	relating to suicide prevention; and
271	271	(4) inspecting, licensing, and enforcing regulations
272	272	regarding mental health facilities, other than long-term care
273	273	facilities regulated by the Health and Human [Department of Aging
274	274	and Disability] Services Commission.
275	275	SECTION 4. Section 46.06(a), Penal Code, is amended to read
276	276	as follows:
277	277	(a) A person commits an offense if the person:
278	278	(1) sells, rents, leases, loans, or gives a handgun to
279	279	any person knowing that the person to whom the handgun is to be
280	280	delivered intends to use it unlawfully or in the commission of an
281	281	unlawful act;
282	282	(2) intentionally or knowingly sells, rents, leases,
283	283	or gives or offers to sell, rent, lease, or give to any child
284	284	younger than 18 years of age any firearm, club, or
285	285	location-restricted knife;
286	286	(3) intentionally, knowingly, or recklessly sells a
287	287	firearm or ammunition for a firearm to any person who is
288	288	intoxicated;
289	289	(4) knowingly sells a firearm or ammunition for a
290	290	firearm to any person who has been convicted of a felony before the
291	291	fifth anniversary of the later of the following dates:
292	292	(A) the person's release from confinement
293	293	following conviction of the felony; or
294	294	(B) the person's release from supervision under
295	295	community supervision, parole, or mandatory supervision following
296	296	conviction of the felony;
297	297	(5) sells, rents, leases, loans, or gives a handgun to
298	298	any person knowing that an active protective order is directed to
299	299	the person to whom the handgun is to be delivered;
300	300	(6) knowingly purchases, rents, leases, or receives as
301	301	a loan or gift from another a handgun while an active protective
302	302	order is directed to the actor; [or]
303	303	(7) while prohibited from possessing a firearm under
304	304	state or federal law, knowingly makes a material false statement on
305	305	a form that is:
306	306	(A) required by state or federal law for the
307	307	purchase, sale, or other transfer of a firearm; and
308	308	(B) submitted to a licensed firearms dealer; or
309	309	(8) is a licensed firearms dealer and sells or
310	310	otherwise transfers a firearm to a person the dealer knows is listed
311	311	in the voluntary registry established under Subchapter H-1, Chapter
312	312	411, Government Code[, as defined by 18 U.S.C. Section 923].
313	313	SECTION 5. Section 46.06(b), Penal Code, is amended by
314	314	adding Subdivision (3) to read as follows:
315	315	(3) "Licensed firearms dealer" means a person who is
316	316	licensed as a firearms dealer under 18 U.S.C. Section 923.
317	317	SECTION 6. (a) Not later than September 1, 2024, the
318	318	Department of Public Safety of the State of Texas shall:
319	319	(1) develop and make available the waiver and
320	320	revocation forms and establish the voluntary registry required by
321	321	Subchapter H-1, Chapter 411, Government Code, as added by this Act;
322	322	(2) adopt the procedures regarding providing
323	323	information under Subchapter H-1, Chapter 411, Government Code, as
324	324	added by this Act, to the Federal Bureau of Investigation for use
325	325	with the National Instant Criminal Background Check System; and
326	326	(3) adopt procedures regarding correcting department
327	327	records of individuals listed in the voluntary registry under
328	328	Subchapter H-1, Chapter 411, Government Code, as added by this Act.
329	329	(b) Section 46.06(a), Penal Code, as amended by this Act,
330	330	applies only to a sale or other transfer of a firearm that occurs on
331	331	or after September 1, 2024.
332	332	SECTION 7. This Act takes effect September 1, 2023.