Texas 2025 - 89th Regular

Texas House Bill HB3541 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Anchía H.B. No. 3541
2	2
3	3
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to certain criminal offenses concerning the unlawful
9	9	transfer or purchase of certain weapons; increasing a criminal
10	10	penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 46.06, Penal Code, is
13	13	amended to read as follows:
14	14	Sec. 46.06. UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN
15	15	WEAPONS.
16	16	SECTION 2. Section 46.06, Penal Code, is amended by
17	17	amending Subsections (a), (c), and (d) and adding Subsections
18	18	(a-1), (c-1), (e), and (f) to read as follows:
19	19	(a) A person commits an offense if the person:
20	20	(1) sells, rents, leases, loans, or gives a firearm
21	21	[handgun] to any person knowing that the person to whom the firearm
22	22	[handgun] is to be delivered intends to use the firearm [it]
23	23	unlawfully or in the commission of an unlawful act; or
24	24	(2) purchases or attempts to purchase a firearm with
25	25	intent to deliver the firearm to a person knowing that the person to
26	26	whom the firearm is to be delivered intends to possess the firearm
27	27	unlawfully or to use the firearm unlawfully or in the commission of
28	28	an unlawful act.
29	29	(a-1) A person commits an offense if the person:
30	30	(1) [(2)] intentionally or knowingly sells, rents,
31	31	leases, or gives or offers to sell, rent, lease, or give to any
32	32	child younger than 18 years of age any firearm, club, or
33	33	location-restricted knife;
34	34	(2) [(3)] intentionally, knowingly, or recklessly
35	35	sells a firearm or ammunition for a firearm to any person who is
36	36	intoxicated;
37	37	(3) [(4)] knowingly sells a firearm or ammunition for
38	38	a firearm to any person who has been convicted of a felony before
39	39	the fifth anniversary of the later of the following dates:
40	40	(A) the person's release from confinement
41	41	following conviction of the felony; or
42	42	(B) the person's release from supervision under
43	43	community supervision, parole, or mandatory supervision following
44	44	conviction of the felony;
45	45	(4) [(5)] sells, rents, leases, loans, or gives a
46	46	handgun to any person knowing that an active protective order is
47	47	directed to the person to whom the handgun is to be delivered;
48	48	(5) [(6)] knowingly purchases, rents, leases, or
49	49	receives as a loan or gift from another a handgun while an active
50	50	protective order is directed to the actor; or
51	51	(6) [(7)] while prohibited from possessing a firearm
52	52	under state or federal law, knowingly makes a material false
53	53	statement on a form that is:
54	54	(A) required by state or federal law for the
55	55	purchase, sale, or other transfer of a firearm; and
56	56	(B) submitted to a [licensed] firearms dealer
57	57	licensed under [, as defined by] 18 U.S.C. Section 923.
58	58	(c) It is an affirmative defense to prosecution under
59	59	Subsection (a-1)(1) [(a)(2)] that the transfer was to a minor whose
60	60	parent or the person having legal custody of the minor had given
61	61	written permission for the sale or, if the transfer was other than a
62	62	sale, the parent or person having legal custody had given effective
63	63	consent.
64	64	(c-1) The renunciation defense described by Section
65	65	15.04(a) is available as an affirmative defense to prosecution of
66	66	an attempted purchase under Subsection (a)(2).
67	67	(d) An offense under Subsection (a) is a felony of the third
68	68	degree.
69	69	(e) An offense under Subsection (a-1) [this section] is a
70	70	Class A misdemeanor, except that:
71	71	(1) an offense under Subsection (a-1)(1) [(a)(2)] is a
72	72	state jail felony if the weapon that is the subject of the offense
73	73	is a handgun; and
74	74	(2) an offense under Subsection (a-1)(6) [(a)(7)] is a
75	75	state jail felony.
76	76	(f) To the extent of any conflict between this section and a
77	77	federal law related to the unlawful transfer or purchase of
78	78	weapons, the federal law prevails.
79	79	SECTION 3. Article 59.01(2), Code of Criminal Procedure, is
80	80	amended to read as follows:
81	81	(2) "Contraband" means property of any nature,
82	82	including real, personal, tangible, or intangible, that is:
83	83	(A) used in the commission of:
84	84	(i) any first or second degree felony under
85	85	the Penal Code;
86	86	(ii) any felony under Section 15.031(b),
87	87	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
88	88	Code;
89	89	(iii) any felony under Chapter 43, Penal
90	90	Code, except as provided by Paragraph (B);
91	91	(iv) any felony under The Securities Act
92	92	(Title 12, Government Code); or
93	93	(v) any offense under Chapter 49, Penal
94	94	Code, that is punishable as a felony of the third degree or state
95	95	jail felony, if the defendant has been previously convicted three
96	96	times of an offense under that chapter;
97	97	(B) used or intended to be used in the commission
98	98	of:
99	99	(i) any felony under Chapter 481, Health
100	100	and Safety Code (Texas Controlled Substances Act);
101	101	(ii) any felony under Chapter 483, Health
102	102	and Safety Code;
103	103	(iii) a felony under Chapter 151, Finance
104	104	Code;
105	105	(iv) any felony under Chapter 20A or 34,
106	106	Penal Code;
107	107	(v) a Class A misdemeanor under Subchapter
108	108	B, Chapter 365, Health and Safety Code, if the defendant has been
109	109	previously convicted twice of an offense under that subchapter;
110	110	(vi) any felony under Chapter 32, Human
111	111	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
112	112	involves a health care program, as defined by Section 35A.01, Penal
113	113	Code;
114	114	(vii) a Class B misdemeanor under Chapter
115	115	522, Business & Commerce Code;
116	116	(viii) a Class A misdemeanor under Section
117	117	306.051, Business & Commerce Code;
118	118	(ix) any offense under Section 42.10, Penal
119	119	Code;
120	120	(x) any offense under Section 46.06(a)
121	121	[46.06(a)(1)] or 46.14, Penal Code;
122	122	(xi) any offense under Chapter 71, Penal
123	123	Code;
124	124	(xii) any offense under Section 20.05,
125	125	20.06, 20.07, 43.04, or 43.05, Penal Code;
126	126	(xiii) an offense under Section 326.002,
127	127	Business & Commerce Code; or
128	128	(xiv) a Class A misdemeanor or any felony
129	129	under Section 545.420, Transportation Code, other than a Class A
130	130	misdemeanor that is classified as a Class A misdemeanor based
131	131	solely on conduct constituting a violation of Subsection (e)(2)(B)
132	132	of that section;
133	133	(C) the proceeds gained from the commission of a
134	134	felony listed in Paragraph (A) or (B) of this subdivision, a
135	135	misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
136	136	of this subdivision, or a crime of violence;
137	137	(D) acquired with proceeds gained from the
138	138	commission of a felony listed in Paragraph (A) or (B) of this
139	139	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
140	140	(xi), or (xii) of this subdivision, or a crime of violence;
141	141	(E) used to facilitate or intended to be used to
142	142	facilitate the commission of a felony under Section 15.031 or
143	143	Chapter 43, Penal Code; or
144	144	(F) used to facilitate or intended to be used to
145	145	facilitate the commission of an offense under Section 20.05, 20.06,
146	146	or 20.07 or Chapter 20A, Penal Code.
147	147	SECTION 4. Section 71.02(a), Penal Code, is amended to read
148	148	as follows:
149	149	(a) A person commits an offense if, with the intent to
150	150	establish, maintain, or participate in a combination or in the
151	151	profits of a combination or as a member of a criminal street gang,
152	152	the person commits or conspires to commit one or more of the
153	153	following:
154	154	(1) murder, capital murder, arson, aggravated
155	155	robbery, robbery, burglary, theft, aggravated kidnapping,
156	156	kidnapping, aggravated assault, aggravated sexual assault, sexual
157	157	assault, continuous sexual abuse of young child or disabled
158	158	individual, solicitation of a minor, forgery, deadly conduct,
159	159	assault punishable as a Class A misdemeanor, burglary of a motor
160	160	vehicle, or unauthorized use of a motor vehicle;
161	161	(2) any gambling offense punishable as a Class A
162	162	misdemeanor;
163	163	(3) promotion of prostitution, aggravated promotion
164	164	of prostitution, or compelling prostitution;
165	165	(4) unlawful manufacture, transportation, repair, or
166	166	sale of firearms or prohibited weapons;
167	167	(5) unlawful manufacture, delivery, dispensation, or
168	168	distribution of a controlled substance or dangerous drug, or
169	169	unlawful possession of a controlled substance or dangerous drug
170	170	through forgery, fraud, misrepresentation, or deception;
171	171	(5-a) causing the unlawful delivery, dispensation, or
172	172	distribution of a controlled substance or dangerous drug in
173	173	violation of Subtitle B, Title 3, Occupations Code;
174	174	(6) any unlawful wholesale promotion or possession of
175	175	any obscene material or obscene device with the intent to wholesale
176	176	promote the same;
177	177	(7) any offense under Subchapter B, Chapter 43,
178	178	depicting or involving conduct by or directed toward a child
179	179	younger than 18 years of age;
180	180	(8) any felony offense under Chapter 32;
181	181	(9) any offense under Chapter 36;
182	182	(10) any offense under Chapter 34, 35, or 35A;
183	183	(11) any offense under Section 37.11(a);
184	184	(12) any offense under Chapter 20A;
185	185	(13) any offense under Section 37.10;
186	186	(14) any offense under Section 38.06, 38.07, 38.09, or
187	187	38.11;
188	188	(15) any offense under Section 42.10;
189	189	(16) any offense under Section 46.06(a) [46.06(a)(1)]
190	190	or 46.14;
191	191	(17) any offense under Section 20.05 or 20.06;
192	192	(18) any offense under Section 16.02; or
193	193	(19) any offense classified as a felony under the Tax
194	194	Code.
195	195	SECTION 5. The change in law made by this Act applies only
196	196	to an offense committed on or after the effective date of this Act.
197	197	An offense committed before the effective date of this Act is
198	198	governed by the law in effect on the date the offense was committed,
199	199	and the former law is continued in effect for that purpose. For
200	200	purposes of this section, an offense was committed before the
201	201	effective date of this Act if any element of the offense occurred
202	202	before that date.
203	203	SECTION 6. This Act takes effect September 1, 2025.