| 1 | 1 | | 89R11481 MCF-F |
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| 2 | 2 | | By: Birdwell, Eckhardt S.B. No. 2202 |
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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 the trafficking of a firearm to a foreign terrorist |
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| 10 | 10 | | organization and to the unlawful transfer of firearms between this |
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| 11 | 11 | | state and the United Mexican States; creating a criminal offense. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 46, Penal Code, is amended by adding |
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| 14 | 14 | | Section 46.145 to read as follows: |
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| 15 | 15 | | Sec. 46.145. TRAFFICKING FIREARM TO FOREIGN TERRORIST |
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| 16 | 16 | | ORGANIZATION. (a) In this section, "foreign terrorist |
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| 17 | 17 | | organization" has the meaning assigned by Section 71.01. |
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| 18 | 18 | | (b) A person commits an offense if the person intentionally |
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| 19 | 19 | | or knowingly transfers, for profit or any other form of |
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| 20 | 20 | | remuneration, a firearm to an individual who the person knows: |
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| 21 | 21 | | (1) is a member of a foreign terrorist organization; |
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| 22 | 22 | | or |
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| 23 | 23 | | (2) intends to transfer the firearm to a member of a |
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| 24 | 24 | | foreign terrorist organization. |
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| 25 | 25 | | (c) An offense under this section is a felony of the second |
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| 26 | 26 | | degree. |
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| 27 | 27 | | (d) This section does not apply to a person licensed as a |
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| 28 | 28 | | firearms dealer, manufacturer, or importer under 18 U.S.C. Section |
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| 29 | 29 | | 923 who is lawfully engaged in the business of dealing in, |
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| 30 | 30 | | manufacturing, or importing firearms. |
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| 31 | 31 | | SECTION 2. Sections 411.02095(a) and (d), Government Code, |
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| 32 | 32 | | are amended to read as follows: |
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| 33 | 33 | | (a) The department may establish a program throughout this |
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| 34 | 34 | | state for preventing and detecting: |
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| 35 | 35 | | (1) the unlawful possession or the unlawful and |
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| 36 | 36 | | imminent movement or transfer between this state and an adjacent |
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| 37 | 37 | | state or the United Mexican States of: |
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| 38 | 38 | | (A) firearms, in violation of Section 46.14 or |
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| 39 | 39 | | 46.145, Penal Code; |
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| 40 | 40 | | (B) controlled substances, in violation of |
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| 41 | 41 | | Chapter 481, Health and Safety Code; or |
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| 42 | 42 | | (C) currency, in violation of Section 34.02, |
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| 43 | 43 | | Penal Code; and |
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| 44 | 44 | | (2) the commission or imminent commission of the |
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| 45 | 45 | | offenses of smuggling of persons under Section 20.05, Penal Code, |
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| 46 | 46 | | and trafficking of persons under Section 20A.02, Penal Code, |
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| 47 | 47 | | occurring in this state or involving travel between this state and |
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| 48 | 48 | | an adjacent state or the United Mexican States. |
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| 49 | 49 | | (d) The department shall implement the program established |
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| 50 | 50 | | under this section in conjunction with the United Mexican States |
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| 51 | 51 | | and federal and local law enforcement agencies. |
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| 52 | 52 | | SECTION 3. Section 411.02096(a), Government Code, is |
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| 53 | 53 | | amended to read as follows: |
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| 54 | 54 | | (a) Not later than January 31 of each year, the department |
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| 55 | 55 | | shall collect information for the preceding calendar year related |
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| 56 | 56 | | to the carrying of firearms and the unlawful transfer of firearms |
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| 57 | 57 | | between this state and the United Mexican States by persons in this |
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| 58 | 58 | | state, including: |
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| 59 | 59 | | (1) the number of persons who applied for a license to |
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| 60 | 60 | | carry a handgun under Subchapter H compared to the yearly average |
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| 61 | 61 | | number of people who applied for a license from 2010 through 2020; |
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| 62 | 62 | | [and] |
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| 63 | 63 | | (2) the number of firearms that were seized by a law |
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| 64 | 64 | | enforcement agency in this state or the United Mexican States, or |
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| 65 | 65 | | that were otherwise identified as being used to commit an offense in |
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| 66 | 66 | | this state or the United Mexican States, if the seizure or offense |
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| 67 | 67 | | occurred at any time following the unlawful transfer of those |
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| 68 | 68 | | firearms from: |
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| 69 | 69 | | (A) the United Mexican States to this state; or |
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| 70 | 70 | | (B) this state to the United Mexican States; and |
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| 71 | 71 | | (3) any other relevant information related to the |
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| 72 | 72 | | carrying of firearms by persons in this state or the unlawful |
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| 73 | 73 | | transfer of firearms between this state and the United Mexican |
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| 74 | 74 | | States. |
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| 75 | 75 | | SECTION 4. This Act takes effect September 1, 2025. |
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