Texas 2025 - 89th Regular

Texas House Bill HB5399 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Anchía H.B. No. 5399
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to certain criminal offenses concerning the unlawful
7	9		transfer or purchase of certain weapons; increasing a criminal
8	10		penalty.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. The heading to Section 46.06, Penal Code, is
11	13		amended to read as follows:
12	14		Sec. 46.06. UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN
13	15		WEAPONS.
14	16		SECTION 2. Section 46.06, Penal Code, is amended by
15	17		amending Subsections (a), (c), and (d) and adding Subsections
16	18		(a-1), (c-1), (e), and (f) to read as follows:
17	19		(a) A person commits an offense if the person:
18	20		(1) sells, rents, leases, loans, or gives a firearm
19	21		[handgun] to any person knowing that the person to whom the firearm
20	22		[handgun] is to be delivered intends to use the firearm [it]
21	23		unlawfully or in the commission of an unlawful act; or
22	24		(2) purchases or attempts to purchase a firearm with
23	25		intent to deliver the firearm to a person knowing that the person to
24	26		whom the firearm is to be delivered intends to possess the firearm
25	27		unlawfully or to use the firearm unlawfully or in the commission of
26	28		an unlawful act.
27	29		(a-1) A person commits an offense if the person:
28	30		(1) [(2)] intentionally or knowingly sells, rents,
29	31		leases, or gives or offers to sell, rent, lease, or give to any
30	32		child younger than 18 years of age any firearm, club, or
31	33		location-restricted knife;
32	34		(2) [(3)] intentionally, knowingly, or recklessly
33	35		sells a firearm or ammunition for a firearm to any person who is
34	36		intoxicated;
35	37		(3) [(4)] knowingly sells a firearm or ammunition for
36	38		a firearm to any person who has been convicted of a felony before
37	39		the fifth anniversary of the later of the following dates:
38	40		(A) the person's release from confinement
39	41		following conviction of the felony; or
40	42		(B) the person's release from supervision under
41	43		community supervision, parole, or mandatory supervision following
42	44		conviction of the felony;
43	45		(4) [(5)] sells, rents, leases, loans, or gives a
44	46		handgun to any person knowing that an active protective order is
45	47		directed to the person to whom the handgun is to be delivered;
46	48		(5) [(6)] knowingly purchases, rents, leases, or
47	49		receives as a loan or gift from another a handgun while an active
48	50		protective order is directed to the actor; or
49	51		(6) [(7)] while prohibited from possessing a firearm
50	52		under state or federal law, knowingly makes a material false
51	53		statement on a form that is:
52	54		(A) required by state or federal law for the
53	55		purchase, sale, or other transfer of a firearm; and
54	56		(B) submitted to a [licensed] firearms dealer
55	57		licensed under [, as defined by] 18 U.S.C. Section 923.
56	58		(c) It is an affirmative defense to prosecution under
57	59		Subsection (a-1)(1) [(a)(2)] that the transfer was to a minor whose
58	60		parent or the person having legal custody of the minor had given
59	61		written permission for the sale or, if the transfer was other than a
60	62		sale, the parent or person having legal custody had given effective
61	63		consent.
62	64		(c-1) The renunciation defense described by Section
63	65		15.04(a) is available as an affirmative defense to prosecution of
64	66		an attempted purchase under Subsection (a)(2).
65	67		(d) An offense under Subsection (a) is a felony of the third
66	68		degree.
67	69		(e) An offense under Subsection (a-1) [this section] is a
68	70		Class A misdemeanor, except that:
69	71		(1) an offense under Subsection (a-1)(1) [(a)(2)] is a
70	72		state jail felony if the weapon that is the subject of the offense
71	73		is a handgun; and
72	74		(2) an offense under Subsection (a-1)(6) [(a)(7)] is a
73	75		state jail felony.
74	76		(f) To the extent of any conflict between this section and a
75	77		federal law related to the unlawful transfer or purchase of
76	78		weapons, the federal law prevails.
77	79		SECTION 3. Article 59.01(2), Code of Criminal Procedure, is
78	80		amended to read as follows:
79	81		(2) "Contraband" means property of any nature,
80	82		including real, personal, tangible, or intangible, that is:
81	83		(A) used in the commission of:
82	84		(i) any first or second degree felony under
83	85		the Penal Code;
84	86		(ii) any felony under Section 15.031(b),
85	87		21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
86	88		Code;
87	89		(iii) any felony under Chapter 43, Penal
88	90		Code, except as provided by Paragraph (B);
89	91		(iv) any felony under The Securities Act
90	92		(Title 12, Government Code); or
91	93		(v) any offense under Chapter 49, Penal
92	94		Code, that is punishable as a felony of the third degree or state
93	95		jail felony, if the defendant has been previously convicted three
94	96		times of an offense under that chapter;
95	97		(B) used or intended to be used in the commission
96	98		of:
97	99		(i) any felony under Chapter 481, Health
98	100		and Safety Code (Texas Controlled Substances Act);
99	101		(ii) any felony under Chapter 483, Health
100	102		and Safety Code;
101	103		(iii) a felony under Chapter 151, Finance
102	104		Code;
103	105		(iv) any felony under Chapter 20A or 34,
104	106		Penal Code;
105	107		(v) a Class A misdemeanor under Subchapter
106	108		B, Chapter 365, Health and Safety Code, if the defendant has been
107	109		previously convicted twice of an offense under that subchapter;
108	110		(vi) any felony under Chapter 32, Human
109	111		Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
110	112		involves a health care program, as defined by Section 35A.01, Penal
111	113		Code;
112	114		(vii) a Class B misdemeanor under Chapter
113	115		522, Business & Commerce Code;
114	116		(viii) a Class A misdemeanor under Section
115	117		306.051, Business & Commerce Code;
116	118		(ix) any offense under Section 42.10, Penal
117	119		Code;
118	120		(x) any offense under Section 46.06(a)
119	121		[46.06(a)(1)] or 46.14, Penal Code;
120	122		(xi) any offense under Chapter 71, Penal
121	123		Code;
122	124		(xii) any offense under Section 20.05,
123	125		20.06, 20.07, 43.04, or 43.05, Penal Code;
124	126		(xiii) an offense under Section 326.002,
125	127		Business & Commerce Code; or
126	128		(xiv) a Class A misdemeanor or any felony
127	129		under Section 545.420, Transportation Code, other than a Class A
128	130		misdemeanor that is classified as a Class A misdemeanor based
129	131		solely on conduct constituting a violation of Subsection (e)(2)(B)
130	132		of that section;
131	133		(C) the proceeds gained from the commission of a
132	134		felony listed in Paragraph (A) or (B) of this subdivision, a
133	135		misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
134	136		of this subdivision, or a crime of violence;
135	137		(D) acquired with proceeds gained from the
136	138		commission of a felony listed in Paragraph (A) or (B) of this
137	139		subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
138	140		(xi), or (xii) of this subdivision, or a crime of violence;
139	141		(E) used to facilitate or intended to be used to
140	142		facilitate the commission of a felony under Section 15.031 or
141	143		Chapter 43, Penal Code; or
142	144		(F) used to facilitate or intended to be used to
143	145		facilitate the commission of an offense under Section 20.05, 20.06,
144	146		or 20.07 or Chapter 20A, Penal Code.
145	147		SECTION 4. Section 71.02(a), Penal Code, is amended to read
146	148		as follows:
147	149		(a) A person commits an offense if, with the intent to
148	150		establish, maintain, or participate in a combination or in the
149	151		profits of a combination or as a member of a criminal street gang,
150	152		the person commits or conspires to commit one or more of the
151	153		following:
152	154		(1) murder, capital murder, arson, aggravated
153	155		robbery, robbery, burglary, theft, aggravated kidnapping,
154	156		kidnapping, aggravated assault, aggravated sexual assault, sexual
155	157		assault, continuous sexual abuse of young child or disabled
156	158		individual, solicitation of a minor, forgery, deadly conduct,
157	159		assault punishable as a Class A misdemeanor, burglary of a motor
158	160		vehicle, or unauthorized use of a motor vehicle;
159	161		(2) any gambling offense punishable as a Class A
160	162		misdemeanor;
161	163		(3) promotion of prostitution, aggravated promotion
162	164		of prostitution, or compelling prostitution;
163	165		(4) unlawful manufacture, transportation, repair, or
164	166		sale of firearms or prohibited weapons;
165	167		(5) unlawful manufacture, delivery, dispensation, or
166	168		distribution of a controlled substance or dangerous drug, or
167	169		unlawful possession of a controlled substance or dangerous drug
168	170		through forgery, fraud, misrepresentation, or deception;
169	171		(5-a) causing the unlawful delivery, dispensation, or
170	172		distribution of a controlled substance or dangerous drug in
171	173		violation of Subtitle B, Title 3, Occupations Code;
172	174		(6) any unlawful wholesale promotion or possession of
173	175		any obscene material or obscene device with the intent to wholesale
174	176		promote the same;
175	177		(7) any offense under Subchapter B, Chapter 43,
176	178		depicting or involving conduct by or directed toward a child
177	179		younger than 18 years of age;
178	180		(8) any felony offense under Chapter 32;
179	181		(9) any offense under Chapter 36;
180	182		(10) any offense under Chapter 34, 35, or 35A;
181	183		(11) any offense under Section 37.11(a);
182	184		(12) any offense under Chapter 20A;
183	185		(13) any offense under Section 37.10;
184	186		(14) any offense under Section 38.06, 38.07, 38.09, or
185	187		38.11;
186	188		(15) any offense under Section 42.10;
187	189		(16) any offense under Section 46.06(a) [46.06(a)(1)]
188	190		or 46.14;
189	191		(17) any offense under Section 20.05 or 20.06;
190	192		(18) any offense under Section 16.02; or
191	193		(19) any offense classified as a felony under the Tax
192	194		Code.
193	195		SECTION 5. The change in law made by this Act applies only
194	196		to an offense committed on or after the effective date of this Act.
195	197		An offense committed before the effective date of this Act is
196	198		governed by the law in effect on the date the offense was committed,
197	199		and the former law is continued in effect for that purpose. For
198	200		purposes of this section, an offense was committed before the
199	201		effective date of this Act if any element of the offense occurred
200	202		before that date.
201	203		SECTION 6. This Act takes effect September 1, 2025.