Texas 2025 - 89th Regular

Texas House Bill HB874 Compare Versions

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

Old	New	Differences
1	1	89R1390 AJZ-D
2	2	By: Goodwin H.B. No. 874
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring a licensed firearms dealer to report certain
10	10	sales or transfers of multiple semiautomatic rifles to law
11	11	enforcement; creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Title 6, Business & Commerce Code, is amended by
14	14	adding Chapter 205 to read as follows:
15	15	CHAPTER 205. REPORTS OF CERTAIN MULTIPLE SALES OR TRANSFERS OF
16	16	SEMIAUTOMATIC RIFLES
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 205.001. DEFINITIONS. In this chapter:
19	19	(1) "Department" means the Department of Public Safety
20	20	of the State of Texas.
21	21	(2) "Licensed firearms dealer" means a person who is
22	22	licensed as a firearms dealer under 18 U.S.C. Section 923.
23	23	Sec. 205.002. APPLICABILITY. This chapter applies only to
24	24	a semiautomatic rifle that:
25	25	(1) is capable of accepting a detachable magazine; and
26	26	(2) has a caliber greater than .22.
27	27	SUBCHAPTER B. REQUIRED REPORTING OF CERTAIN MULTIPLE SALES OR
28	28	TRANSFERS OF SEMIAUTOMATIC RIFLES
29	29	Sec. 205.051. REPORT BY LICENSED FIREARMS DEALER. (a) This
30	30	section applies only to a sale or transfer of two or more
31	31	semiautomatic rifles to which this chapter applies made to the same
32	32	transferee, other than a licensed firearms dealer, on a single
33	33	occasion or on more than one occasion during a period of five
34	34	consecutive business days.
35	35	(b) A licensed firearms dealer shall report to the
36	36	department, in the form and manner prescribed by the department
37	37	under Section 205.101, the multiple sales or transfers described by
38	38	Subsection (a).
39	39	(c) Before completing a sale or transfer of a semiautomatic
40	40	rifle to which this chapter applies the licensed firearms dealer
41	41	making the sale or transfer shall:
42	42	(1) review the items in the current sale or transfer
43	43	and any recent previous sales and transfers by the dealer to that
44	44	transferee to determine whether the reporting duties of this
45	45	subchapter apply to the dealer as a result of that sale or transfer;
46	46	and
47	47	(2) submit a report, if required, under Subsection
48	48	(b).
49	49	(d) A report submitted by a licensed firearms dealer to the
50	50	department under this section is confidential and not subject to
51	51	disclosure under Chapter 552, Government Code.
52	52	Sec. 205.052. REPORT TO SHERIFF AND POLICE DEPARTMENT. (a)
53	53	Not later than 24 hours after receiving a report from a licensed
54	54	firearms dealer under Section 205.051(b), the department shall
55	55	transmit the report to:
56	56	(1) the sheriff of each county in which the applicable
57	57	sales or transfers occurred;
58	58	(2) the sheriff of the county in which the transferee
59	59	resides;
60	60	(3) if any of the applicable sales or transfers
61	61	occurred in a municipality, the police department of each
62	62	municipality in which the applicable sales or transfers occurred;
63	63	and
64	64	(4) if the transferee resides in a municipality, the
65	65	police department of the municipality in which the transferee
66	66	resides.
67	67	(b) Information in a report submitted to a county sheriff or
68	68	a police department under Subsection (a) is confidential and not
69	69	subject to disclosure under Chapter 552, Government Code.
70	70	Sec. 205.053. OFFENSE. (a) A licensed firearms dealer who,
71	71	with criminal negligence, violates Section 205.051 commits an
72	72	offense.
73	73	(b) An offense under this section is a Class B misdemeanor.
74	74	SUBCHAPTER C. FORMS
75	75	Sec. 205.101. FORM FOR SUBMISSION OF LICENSED FIREARMS
76	76	DEALER REPORT. (a) For purposes of the report required by Section
77	77	205.051(b), the department shall require a licensed firearms dealer
78	78	to use a form prescribed by the department.
79	79	(b) The form prescribed under Subsection (a) must:
80	80	(1) include:
81	81	(A) the dates and locations of the applicable
82	82	sales or transfers;
83	83	(B) the number of semiautomatic rifles sold or
84	84	transferred;
85	85	(C) the identity and location of the licensed
86	86	firearms dealer, including the locations where each applicable sale
87	87	or transfer occurred; and
88	88	(D) the identity of the transferee; and
89	89	(2) require the licensed firearms dealer to submit a
90	90	copy of the identification provided by the transferee for the
91	91	purchase.
92	92	(c) The department shall post on the department's publicly
93	93	accessible Internet website:
94	94	(1) the form required by this section; and
95	95	(2) instructions for submitting the form and related
96	96	documentation, including an e-mail address or electronic portal
97	97	that may be used to submit the form and documentation.
98	98	SECTION 2. Not later than September 1, 2025, the Department
99	99	of Public Safety shall develop the form for reporting multiple
100	100	semiautomatic rifle sales or transfers, as required by Section
101	101	205.101, Business & Commerce Code, as added by this Act.
102	102	SECTION 3. The change in law made by this Act applies only
103	103	to the sale or transfer of a semiautomatic rifle that occurs on or
104	104	after the effective date of this Act. A sale or transfer of a
105	105	semiautomatic rifle that occurs before the effective date of this
106	106	Act is governed by the law in effect immediately before the
107	107	effective date of this Act, and that law is continued in effect for
108	108	that purpose.
109	109	SECTION 4. This Act takes effect September 1, 2025.