Texas 2025 - 89th Regular

Texas House Bill HB4159 Compare Versions

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

Old	New	Differences
1	1	89R15556 JSC-F
2	2	By: Reynolds H.B. No. 4159
3	3
4	4
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibiting the manufacture, assembly, or ownership of
10	10	unmarked firearms and other conduct involving certain firearms and
11	11	component parts of firearms; creating criminal offenses;
12	12	authorizing a fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 411, Government Code, is amended by
15	15	adding Subchapter H-1 to read as follows:
16	16	SUBCHAPTER H-1. MARKING OF UNMARKED FIREARMS REQUIRED
17	17	Sec. 411.221. DEFINITION. In this subchapter, "firearm"
18	18	has the meaning assigned by Section 46.01, Penal Code.
19	19	Sec. 411.222. APPLICABILITY. (a) Except as provided by
20	20	Subsections (b) and (c), this subchapter applies only to a firearm
21	21	that has not been:
22	22	(1) assigned a unique serial number or other mark of
23	23	identification under federal law or the law of this state or another
24	24	state; and
25	25	(2) marked with that serial number or mark in a manner
26	26	that meets or exceeds the requirements imposed under federal law on
27	27	licensed importers and licensed manufacturers of firearms for
28	28	marking imported or manufactured firearms with a serial number.
29	29	(b) This subchapter does not apply to:
30	30	(1) a firearm, other than a handgun, manufactured or
31	31	assembled before December 16, 1968;
32	32	(2) a firearm that is a curio or relic, as those terms
33	33	are defined by 27 C.F.R. Section 478.11, or an antique firearm, as
34	34	that term is defined by 27 C.F.R. Section 479.11; or
35	35	(3) a firearm assigned a unique serial number or other
36	36	mark of identification for the purpose of entering a description of
37	37	the firearm into a criminal intelligence database.
38	38	(c) This subchapter does not apply to the importation or
39	39	manufacture of a firearm by a person licensed under federal law to
40	40	engage in the business of importing or manufacturing firearms, if
41	41	the firearms imported or manufactured by that person are marked
42	42	with a unique serial number in compliance with federal law.
43	43	Sec. 411.223. RULEMAKING AUTHORITY; ADMINISTRATION. (a)
44	44	The director shall adopt rules necessary to implement this
45	45	subchapter.
46	46	(b) The department shall:
47	47	(1) administer this subchapter and the rules adopted
48	48	by the director under Subsection (a); and
49	49	(2) take action necessary to ensure compliance with
50	50	this subchapter.
51	51	Sec. 411.224. FEE. To cover the cost of administering this
52	52	subchapter, the department may collect a reasonable fee from an
53	53	applicant for a unique serial number or other mark of
54	54	identification under this subchapter.
55	55	Sec. 411.225. MARKING REQUIREMENTS FOR MANUFACTURING OR
56	56	ASSEMBLING FIREARMS. A person who manufactures or assembles a
57	57	firearm to which this subchapter applies shall:
58	58	(1) before manufacturing or assembling the firearm,
59	59	apply to the department for a unique serial number or other mark of
60	60	identification;
61	61	(2) not later than the 10th day after the date of
62	62	manufacturing or assembling the firearm or the date of receiving a
63	63	serial number or mark provided by the department, whichever is
64	64	later:
65	65	(A) in a manner that meets or exceeds the
66	66	requirements described by Section 411.222(a)(2), permanently affix
67	67	to the firearm the serial number or mark provided by the department;
68	68	or
69	69	(B) if the firearm is composed primarily of parts
70	70	made out of plastic, permanently affix to a piece of steel the
71	71	serial number or mark provided by the department and embed that
72	72	marked piece of steel in the firearm in a manner that meets or
73	73	exceeds the requirements of the Undetectable Firearms Act of 1988
74	74	(18 U.S.C. Section 922(p)) and the requirements described by
75	75	Section 411.222(a)(2); and
76	76	(3) after permanently affixing to the firearm the
77	77	serial number or mark provided by the department, as described by
78	78	Subdivision (2), notify the department in a manner prescribed by
79	79	the department:
80	80	(A) that the serial number or mark has been
81	81	affixed to the firearm; and
82	82	(B) of the name of the owner of the firearm.
83	83	Sec. 411.226. MARKING REQUIREMENTS FOR UNMARKED FIREARMS.
84	84	(a) Except as provided by Subsection (b), a person who owns a
85	85	firearm to which this subchapter applies shall, not later than the
86	86	30th day after the date the person acquires the firearm or enters
87	87	this state with the firearm:
88	88	(1) apply to the department for a unique serial number
89	89	or other mark of identification;
90	90	(2) not later than the 10th day after the date of
91	91	receiving a serial number or mark provided by the department:
92	92	(A) in a manner that meets or exceeds the
93	93	requirements described by Section 411.222(a)(2), permanently affix
94	94	to the firearm the serial number or mark provided by the department;
95	95	or
96	96	(B) if the firearm is composed primarily of parts
97	97	made out of plastic, permanently affix to a piece of steel the
98	98	serial number or mark provided by the department and embed that
99	99	marked piece of steel in the firearm in a manner that meets or
100	100	exceeds the requirements of the Undetectable Firearms Act of 1988
101	101	(18 U.S.C. Section 922(p)) and the requirements described by
102	102	Section 411.222(a)(2); and
103	103	(3) after permanently affixing to the firearm the
104	104	serial number or mark provided by the department, as described by
105	105	Subdivision (2), notify the department in a manner prescribed by
106	106	the department:
107	107	(A) that the serial number or mark has been
108	108	affixed to the firearm; and
109	109	(B) of the name of the owner of the firearm.
110	110	(b) A person who owns a firearm to which this subchapter
111	111	applies, who has obtained for that firearm a unique serial number or
112	112	other mark of identification as described by Section 411.222(a)(1),
113	113	but who has not yet permanently affixed the number or mark to the
114	114	firearm, promptly shall permanently affix the applicable number or
115	115	mark to the firearm as provided by Subsection (a)(2)(A) or (B).
116	116	Sec. 411.227. SALE OR TRANSFER OF UNMARKED FIREARMS
117	117	PROHIBITED; EXCEPTION; DUTY TO DESTROY. (a) A person may not sell
118	118	or otherwise transfer ownership of a firearm to which this
119	119	subchapter applies unless the person sells or otherwise transfers
120	120	ownership of the firearm to a law enforcement agency.
121	121	(b) Notwithstanding Article 18.18, 18.19, or 18.191, Code
122	122	of Criminal Procedure, or Chapter 47 of that code, a law enforcement
123	123	agency that purchases or otherwise obtains ownership of a firearm
124	124	to which this subchapter applies shall destroy the firearm.
125	125	Sec. 411.228. SERIAL NUMBER ISSUANCE; APPLICATION. (a) The
126	126	department shall issue a unique serial number or other mark of
127	127	identification to an applicant who meets all the eligibility
128	128	requirements and submits all the application materials as described
129	129	by this subchapter.
130	130	(b) An applicant for a unique serial number or other mark of
131	131	identification must:
132	132	(1) on each occasion the applicant requests a serial
133	133	number or mark for a firearm to which this subchapter applies,
134	134	provide the department information sufficient to enable the
135	135	department to determine that the applicant is not prohibited by
136	136	state or federal law from possessing each firearm included in the
137	137	application;
138	138	(2) provide proof of identity and age showing that the
139	139	applicant is 18 years of age or older;
140	140	(3) provide a description of the firearm to which this
141	141	subchapter applies that the applicant owns or intends to
142	142	manufacture or assemble;
143	143	(4) provide any other information the department may
144	144	require; and
145	145	(5) pay any applicable fee prescribed by the
146	146	department.
147	147	(c) The department shall review and either approve or deny
148	148	an application not later than the 15th day after the date the
149	149	department receives the application. The department shall notify
150	150	the applicant in writing if the department denies the application
151	151	and include a detailed description of the reason for the denial.
152	152	Sec. 411.229. OFFENSE. (a) A person commits an offense if
153	153	the person:
154	154	(1) manufactures or assembles a firearm to which this
155	155	subchapter applies and fails to comply with Section 411.225;
156	156	(2) owns a firearm to which this subchapter applies
157	157	and fails to comply with Section 411.226; or
158	158	(3) in violation of Section 411.227, sells or
159	159	otherwise transfers ownership of a firearm to which this subchapter
160	160	applies.
161	161	(b) An offense under this section is a Class B misdemeanor,
162	162	except that the offense is a Class A misdemeanor if the firearm is a
163	163	handgun.
164	164	(c) For purposes of this section, each firearm
165	165	manufactured, assembled, or owned in violation of this subchapter
166	166	is a separate offense.
167	167	(d) If conduct that constitutes an offense under this
168	168	section also constitutes an offense under any other law, the actor
169	169	may be prosecuted under this section, the other law, or both.
170	170	Sec. 411.230. PUBLIC INFORMATION. The department shall
171	171	make available on the department's Internet website:
172	172	(1) the number of unique serial numbers or other marks
173	173	of identification issued under this subchapter; and
174	174	(2) the number of arrests and convictions for an
175	175	offense under Section 411.229.
176	176	SECTION 2. Section 46.01, Penal Code, is amended by adding
177	177	Subdivision (21) to read as follows:
178	178	(21) "Three-dimensional printer" means a device
179	179	capable of producing a three-dimensional object from a digital
180	180	model.
181	181	SECTION 3. Section 46.05, Penal Code, is amended by
182	182	amending Subsection (a) and adding Subsection (a-1) to read as
183	183	follows:
184	184	(a) A person commits an offense if the person intentionally
185	185	or knowingly possesses, manufactures, transports, repairs, or
186	186	sells:
187	187	(1) any of the following items, unless the item is
188	188	registered in the National Firearms Registration and Transfer
189	189	Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
190	190	Explosives or otherwise not subject to that registration
191	191	requirement or unless the item is classified as a curio or relic by
192	192	the United States Department of Justice:
193	193	(A) an explosive weapon;
194	194	(B) a machine gun; or
195	195	(C) a short-barrel firearm;
196	196	(2) armor-piercing ammunition;
197	197	(3) a chemical dispensing device;
198	198	(4) a zip gun;
199	199	(5) a tire deflation device; [or]
200	200	(6) an improvised explosive device; or
201	201	(7) a firearm containing a component part manufactured
202	202	using a three-dimensional printer.
203	203	(a-1) A person commits an offense if the person
204	204	intentionally or knowingly:
205	205	(1) manufactures a component part for a firearm using
206	206	a three-dimensional printer; or
207	207	(2) possesses, transports, repairs, or sells a
208	208	component part described by Subdivision (1).
209	209	SECTION 4. The changes in law made by this Act to Chapter
210	210	46, Penal Code, apply only to an offense committed on or after the
211	211	effective date of this Act. An offense committed before the
212	212	effective date of this Act is governed by the law in effect on the
213	213	date the offense was committed, and the former law is continued in
214	214	effect for that purpose. For purposes of this section, an offense
215	215	was committed before the effective date of this Act if any element
216	216	of the offense occurred before that date.
217	217	SECTION 5. As soon as practicable after September 1, 2025,
218	218	the Department of Public Safety of the State of Texas shall adopt
219	219	rules as required by Subchapter H-1, Government Code, as added by
220	220	this Act.
221	221	SECTION 6. (a) Except as provided by Subsections (b) and (c)
222	222	of this section, this Act takes effect September 1, 2025.
223	223	(b) Sections 411.225 and 411.229(a)(1), Government Code, as
224	224	added by this Act, take effect September 1, 2027.
225	225	(c) Sections 411.226 and 411.229(a)(2), Government Code, as
226	226	added by this Act, take effect September 1, 2028.