1 | 1 | | 89R4995 JSC-D |
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2 | 2 | | By: Rosenthal H.B. No. 1599 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to a handgun safety course required for the transfer of a |
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10 | 10 | | handgun. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Chapter 411, Government Code, is amended by |
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13 | 13 | | adding Subchapter H-1 to read as follows: |
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14 | 14 | | SUBCHAPTER H-1. HANDGUN SAFETY |
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15 | 15 | | Sec. 411.221. DEFINITIONS. In this subchapter: |
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16 | 16 | | (1) "Handgun" has the meaning assigned by Section |
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17 | 17 | | 46.01, Penal Code. |
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18 | 18 | | (2) "Qualified handgun instructor" has the meaning |
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19 | 19 | | assigned by Section 411.171. |
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20 | 20 | | Sec. 411.222. HANDGUN SAFETY COURSE. (a) The director by |
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21 | 21 | | rule shall establish minimum standards for a handgun safety course |
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22 | 22 | | that a person may complete to receive a certificate of completion |
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23 | 23 | | from the department under this section. The course must be |
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24 | 24 | | administered by a qualified handgun instructor. |
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25 | 25 | | (b) The department shall issue a certificate of completion |
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26 | 26 | | to a person who completes the handgun safety course under |
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27 | 27 | | Subsection (a). |
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28 | 28 | | (c) A person is responsible for paying to the course |
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29 | 29 | | provider the costs of a handgun safety course under this section. |
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30 | 30 | | SECTION 2. Section 46.06(a), Penal Code, is amended to read |
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31 | 31 | | as follows: |
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32 | 32 | | (a) A person commits an offense if the person: |
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33 | 33 | | (1) sells, rents, leases, loans, or gives a handgun to |
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34 | 34 | | any person knowing that the person to whom the handgun is to be |
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35 | 35 | | delivered intends to use it unlawfully or in the commission of an |
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36 | 36 | | unlawful act; |
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37 | 37 | | (2) intentionally or knowingly sells, rents, leases, |
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38 | 38 | | or gives or offers to sell, rent, lease, or give to any child |
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39 | 39 | | younger than 18 years of age any firearm, club, or |
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40 | 40 | | location-restricted knife; |
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41 | 41 | | (3) intentionally, knowingly, or recklessly sells a |
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42 | 42 | | firearm or ammunition for a firearm to any person who is |
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43 | 43 | | intoxicated; |
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44 | 44 | | (4) knowingly sells a firearm or ammunition for a |
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45 | 45 | | firearm to any person who has been convicted of a felony before the |
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46 | 46 | | fifth anniversary of the later of the following dates: |
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47 | 47 | | (A) the person's release from confinement |
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48 | 48 | | following conviction of the felony; or |
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49 | 49 | | (B) the person's release from supervision under |
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50 | 50 | | community supervision, parole, or mandatory supervision following |
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51 | 51 | | conviction of the felony; |
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52 | 52 | | (5) sells, rents, leases, loans, or gives a handgun to |
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53 | 53 | | any person knowing that an active protective order is directed to |
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54 | 54 | | the person to whom the handgun is to be delivered; |
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55 | 55 | | (6) knowingly purchases, rents, leases, or receives as |
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56 | 56 | | a loan or gift from another a handgun while an active protective |
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57 | 57 | | order is directed to the actor; [or] |
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58 | 58 | | (7) while prohibited from possessing a firearm under |
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59 | 59 | | state or federal law, knowingly makes a material false statement on |
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60 | 60 | | a form that is: |
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61 | 61 | | (A) required by state or federal law for the |
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62 | 62 | | purchase, sale, or other transfer of a firearm; and |
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63 | 63 | | (B) submitted to a firearms dealer licensed under |
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64 | 64 | | 18 U.S.C. Section 923; or |
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65 | 65 | | (8) sells, rents, leases, loans, or gives a handgun to |
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66 | 66 | | any person without first verifying that the person possesses a |
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67 | 67 | | certificate of completion issued by the Department of Public Safety |
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68 | 68 | | under Section 411.222, Government Code. |
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69 | 69 | | SECTION 3. The public safety director of the Department of |
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70 | 70 | | Public Safety shall adopt the rules necessary to implement Section |
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71 | 71 | | 411.222, Government Code, as added by this Act, not later than |
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72 | 72 | | December 1, 2025. |
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73 | 73 | | SECTION 4. Section 46.06(a), Penal Code, as amended by this |
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74 | 74 | | Act, applies only to an offense committed on or after January 1, |
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75 | 75 | | 2026. An offense committed before January 1, 2026, is governed by |
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76 | 76 | | the law in effect on the date the offense was committed, and the |
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77 | 77 | | former law is continued in effect for that purpose. For purposes of |
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78 | 78 | | this section, an offense was committed before January 1, 2026, if |
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79 | 79 | | any element of the offense occurred before that date. |
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80 | 80 | | SECTION 5. This Act takes effect September 1, 2025. |
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