Texas 2023 - 88th 4th C.S.

Texas House Bill HB64 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Reynolds H.B. No. 64
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibiting the transfer of semiautomatic rifles to
7	7	certain recipients; increasing a criminal penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 46.06(a), (c), and (d), Penal Code, are
10	10	amended to read as follows:
11	11	(a) A person commits an offense if the person:
12	12	(1) sells, rents, leases, loans, or gives a handgun to
13	13	any person knowing that the person to whom the handgun is to be
14	14	delivered intends to use it unlawfully or in the commission of an
15	15	unlawful act;
16	16	(2) intentionally or knowingly sells, rents, leases,
17	17	or gives or offers to sell, rent, lease, or give:
18	18	(A) to a [any] child younger than 18 years of age
19	19	a [any firearm,] club, [or] location-restricted knife, or firearm
20	20	other than a semiautomatic rifle; or
21	21	(B) to a person younger than 21 years of age a
22	22	semiautomatic rifle;
23	23	(3) intentionally, knowingly, or recklessly sells a
24	24	firearm or ammunition for a firearm to any person who is
25	25	intoxicated;
26	26	(4) knowingly sells a firearm or ammunition for a
27	27	firearm to any person who has been convicted of a felony before the
28	28	fifth anniversary of the later of the following dates:
29	29	(A) the person's release from confinement
30	30	following conviction of the felony; or
31	31	(B) the person's release from supervision under
32	32	community supervision, parole, or mandatory supervision following
33	33	conviction of the felony;
34	34	(5) sells, rents, leases, loans, or gives a handgun to
35	35	any person knowing that an active protective order is directed to
36	36	the person to whom the handgun is to be delivered;
37	37	(6) knowingly purchases, rents, leases, or receives as
38	38	a loan or gift from another a handgun while an active protective
39	39	order is directed to the actor; or
40	40	(7) while prohibited from possessing a firearm under
41	41	state or federal law, knowingly makes a material false statement on
42	42	a form that is:
43	43	(A) required by state or federal law for the
44	44	purchase, sale, or other transfer of a firearm; and
45	45	(B) submitted to a [licensed] firearms dealer
46	46	licensed under[, as defined by] 18 U.S.C. Section 923.
47	47	(c) It is an affirmative defense to prosecution under
48	48	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
49	49	whose parent or the person having legal custody of the minor had
50	50	given written permission for the sale or, if the transfer was other
51	51	than a sale, the parent or person having legal custody had given
52	52	effective consent.
53	53	(d) An offense under this section is a Class A misdemeanor,
54	54	except that:
55	55	(1) an offense under Subsection (a)(2)(A) [(a)(2)] is
56	56	a state jail felony if the weapon that is the subject of the offense
57	57	is a handgun; and
58	58	(2) an offense under Subsection (a)(2)(B) or (a)(7) is
59	59	a state jail felony.
60	60	SECTION 2. The change in law made by this Act applies only
61	61	to an offense committed on or after the effective date of this Act.
62	62	An offense committed before the effective date of this Act is
63	63	governed by the law in effect on the date the offense was committed,
64	64	and the former law is continued in effect for that purpose. For
65	65	purposes of this section, an offense was committed before the
66	66	effective date of this Act if any element of the offense occurred
67	67	before that date.
68	68	SECTION 3. This Act takes effect on the 91st day after the
69	69	last day of the legislative session.