Texas 2025 - 89th Regular

Texas Senate Bill SB908 Compare Versions

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

Old	New	Differences
1	1	89R6059 AJZ-D
2	2	By: Blanco S.B. No. 908
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of certain firearm transfers, to the
10	10	unlawful possession or acquisition of a firearm or ammunition, and
11	11	to reports of lost or stolen firearms; creating criminal offenses.
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. REGULATION OF PRIVATE FIREARM TRANSFERS
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 205.001. DEFINITIONS. In this chapter:
18	18	(1) "Firearm" has the meaning assigned by Section
19	19	46.01, Penal Code.
20	20	(2) "Licensed firearms dealer" means a person who is
21	21	licensed as a firearms dealer under 18 U.S.C. Section 923.
22	22	SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
23	23	PRIVATE FIREARM TRANSFERS
24	24	Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
25	25	REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or
26	26	otherwise transfer a firearm to another person unless:
27	27	(1) the person is a licensed firearms dealer;
28	28	(2) the person sells or transfers the firearm to a
29	29	licensed firearms dealer; or
30	30	(3) before the firearm is delivered to the person to
31	31	whom the firearm is being sold or transferred, the person selling or
32	32	transferring the firearm delivers the firearm to a licensed
33	33	firearms dealer to retain possession of the firearm until the
34	34	dealer conducts a national instant criminal background check in the
35	35	manner required by 18 U.S.C. Section 922 and verifies that the
36	36	person to whom the firearm is being sold or transferred may lawfully
37	37	possess a firearm.
38	38	Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
39	39	licensed firearms dealer receives a firearm under Section
40	40	205.051(3), the dealer shall conduct a national instant criminal
41	41	background check in the manner required by 18 U.S.C. Section 922 to
42	42	verify that the person to whom the firearm is being sold or
43	43	transferred may lawfully possess a firearm.
44	44	(b) If a licensed firearms dealer determines that the person
45	45	to whom the firearm is being sold or transferred may not lawfully
46	46	possess a firearm, the dealer shall return the firearm to the person
47	47	selling or transferring the firearm.
48	48	(c) If a licensed firearms dealer determines that the person
49	49	to whom the firearm is being sold or transferred may lawfully
50	50	possess a firearm, the dealer shall transfer the firearm as
51	51	directed by the person selling or transferring the firearm.
52	52	(d) A licensed firearms dealer to whom a firearm is
53	53	delivered under Section 205.051(3) may collect a reasonable fee
54	54	from the person who is selling or transferring the firearm.
55	55	Sec. 205.053. EXCEPTION. This subchapter does not apply
56	56	to:
57	57	(1) a transfer of a firearm to a person by inheritance
58	58	or bequest on the death of the owner of the firearm; or
59	59	(2) a sale or other transfer of a firearm by the owner
60	60	of the firearm if the transferor and the transferee are related
61	61	within the third degree by consanguinity or within the second
62	62	degree by affinity as determined under Chapter 573, Government
63	63	Code.
64	64	Sec. 205.054. OFFENSE. A person who violates this
65	65	subchapter commits an offense. An offense under this section is a
66	66	Class A misdemeanor.
67	67	SECTION 2. Article 14.06(b), Code of Criminal Procedure, is
68	68	amended to read as follows:
69	69	(b) A peace officer who is charging a person, including a
70	70	child, with committing an offense that is a Class C misdemeanor,
71	71	other than an offense under Section 49.02, Penal Code, may, instead
72	72	of taking the person before a magistrate, issue a citation to the
73	73	person that contains:
74	74	(1) written notice of the time and place the person
75	75	must appear before a magistrate;
76	76	(2) the name and address of the person charged;
77	77	(3) the offense charged;
78	78	(4) information regarding the alternatives to the full
79	79	payment of any fine or costs assessed against the person, if the
80	80	person is convicted of the offense and is unable to pay that amount;
81	81	and
82	82	(5) the following admonishment, in boldfaced or
83	83	underlined type or in capital letters:
84	84	"If you are convicted of a misdemeanor offense involving
85	85	violence where you are or were a spouse, intimate partner, parent,
86	86	or guardian of the victim or are or were involved in another,
87	87	similar relationship with the victim, it may be unlawful for you to
88	88	possess or acquire [purchase] a firearm, including a handgun or
89	89	long gun, or ammunition, pursuant to federal law under 18 U.S.C.
90	90	Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you
91	91	have any questions whether these laws make it illegal for you to
92	92	possess or acquire [purchase] a firearm or ammunition, you should
93	93	consult an attorney. If you make a false statement to the court
94	94	under oath relating to your possession or acquisition of a firearm
95	95	or ammunition, you may be subject to prosecution for an offense
96	96	under Section 37.02, Texas Penal Code."
97	97	SECTION 3. Article 26.13, Code of Criminal Procedure, is
98	98	amended by adding Subsection (a-1) to read as follows:
99	99	(a-1) Before accepting a plea of guilty or a plea of nolo
100	100	contendere, the court shall admonish the defendant by using the
101	101	following statement:
102	102	"If you are convicted of a felony offense, it may be unlawful
103	103	for you to possess or acquire a firearm, including a handgun or long
104	104	gun, or ammunition, pursuant to federal law under 18 U.S.C. Section
105	105	922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any
106	106	questions whether these laws make it illegal for you to possess or
107	107	acquire a firearm or ammunition, you should consult an attorney. If
108	108	you make a false statement to the court under oath relating to your
109	109	possession or acquisition of a firearm or ammunition, you may be
110	110	subject to prosecution for an offense under Section 37.02, Texas
111	111	Penal Code."
112	112	SECTION 4. Article 27.14(e)(1), Code of Criminal Procedure,
113	113	is amended to read as follows:
114	114	(e)(1) Before accepting a plea of guilty or a plea of nolo
115	115	contendere by a defendant charged with a misdemeanor involving
116	116	family violence, as defined by Section 71.004, Family Code, the
117	117	court shall admonish the defendant by using the following
118	118	statement:
119	119	"If you are convicted of a misdemeanor offense involving
120	120	violence where you are or were a spouse, intimate partner, parent,
121	121	or guardian of the victim or are or were involved in another,
122	122	similar relationship with the victim, it may be unlawful for you to
123	123	possess or acquire [purchase] a firearm, including a handgun or
124	124	long gun, or ammunition, pursuant to federal law under 18 U.S.C.
125	125	Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you
126	126	have any questions whether these laws make it illegal for you to
127	127	possess or acquire [purchase] a firearm or ammunition, you should
128	128	consult an attorney. If you make a false statement to the court
129	129	under oath relating to your possession or acquisition of a firearm
130	130	or ammunition, you may be subject to prosecution for an offense
131	131	under Section 37.02, Texas Penal Code."
132	132	SECTION 5. Article 42.0131, Code of Criminal Procedure, is
133	133	amended to read as follows:
134	134	Art. 42.0131. REQUIRED NOTICE REGARDING FIREARMS AND
135	135	AMMUNITION [FOR PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY
136	136	VIOLENCE]. If a person is convicted of a misdemeanor involving
137	137	family violence, as defined by Section 71.004, Family Code, or of a
138	138	felony, the court shall notify the person of the fact that:
139	139	(1) it is unlawful for the person to possess or acquire
140	140	[transfer] a firearm or ammunition; and
141	141	(2) a person who makes a false statement to the court
142	142	under oath relating to the person's possession or acquisition of a
143	143	firearm or ammunition is subject to prosecution for an offense
144	144	under Section 37.02, Penal Code.
145	145	SECTION 6. Subchapter D, Chapter 411, Government Code, is
146	146	amended by adding Section 411.0522 to read as follows:
147	147	Sec. 411.0522. INVESTIGATION OF LICENSED FIREARMS DEALER
148	148	NOTIFICATION. (a) If the department receives a notification under
149	149	Section 46.06(e), Penal Code, from a firearms dealer licensed under
150	150	18 U.S.C. Section 923, the department shall initiate an
151	151	investigation.
152	152	(b) If the department's investigation under this section
153	153	produces evidence that a person may have violated Section 46.06,
154	154	Penal Code, the department shall refer the case to the appropriate
155	155	local authorities for further investigation and possible
156	156	prosecution.
157	157	SECTION 7. Subchapter A, Chapter 2002, Insurance Code, is
158	158	amended by adding Section 2002.007 to read as follows:
159	159	Sec. 2002.007. PROOF OF LOSS FOR FIREARM COVERAGE. (a) In
160	160	this section, "personal property insurance" means insurance
161	161	against damage to or loss of tangible personal property, including
162	162	coverage provided in a homeowners insurance policy, residential
163	163	fire and allied lines insurance policy, or farm and ranch owners
164	164	insurance policy.
165	165	(b) This section applies to each insurer that provides
166	166	personal property insurance in this state, including a county
167	167	mutual insurance company, farm mutual insurance company, Lloyd's
168	168	plan, and reciprocal or interinsurance exchange.
169	169	(c) A personal property insurance policy that includes
170	170	firearm coverage must provide that a report of the loss or theft of
171	171	a covered firearm submitted to a peace officer or law enforcement
172	172	agency on or before the 10th day after the date the policyholder
173	173	became aware the firearm was lost or stolen is sufficient proof of
174	174	loss for the firearm.
175	175	SECTION 8. Section 46.06, Penal Code, is amended by
176	176	amending Subsections (a) and (d) and adding Subsection (e) to read
177	177	as follows:
178	178	(a) A person commits an offense if the person:
179	179	(1) sells, rents, leases, loans, or gives a handgun to
180	180	any person knowing that the person to whom the handgun is to be
181	181	delivered intends to use it unlawfully or in the commission of an
182	182	unlawful act;
183	183	(2) intentionally or knowingly sells, rents, leases,
184	184	or gives or offers to sell, rent, lease, or give to any child
185	185	younger than 18 years of age any firearm, club, or
186	186	location-restricted knife;
187	187	(3) intentionally, knowingly, or recklessly sells a
188	188	firearm or ammunition for a firearm to any person who is
189	189	intoxicated;
190	190	(4) knowingly sells a firearm or ammunition for a
191	191	firearm to any person who has been convicted of a felony before the
192	192	fifth anniversary of the later of the following dates:
193	193	(A) the person's release from confinement
194	194	following conviction of the felony; or
195	195	(B) the person's release from supervision under
196	196	community supervision, parole, or mandatory supervision following
197	197	conviction of the felony;
198	198	(5) sells, rents, leases, loans, or gives a handgun to
199	199	any person knowing that an active protective order is directed to
200	200	the person to whom the handgun is to be delivered;
201	201	(6) knowingly purchases, rents, leases, or receives as
202	202	a loan or gift from another a handgun while an active protective
203	203	order is directed to the actor; [or]
204	204	(7) while prohibited from possessing a firearm under
205	205	state or federal law, knowingly makes a material false statement on
206	206	a form that is:
207	207	(A) required by state or federal law for the
208	208	purchase, sale, or other transfer of a firearm; and
209	209	(B) submitted to a firearms dealer licensed under
210	210	18 U.S.C. Section 923; or
211	211	(8) knowingly acquires or attempts to acquire a
212	212	firearm or ammunition while the actor is prohibited from possessing
213	213	a firearm or ammunition by a state law or a federal law other than 18
214	214	U.S.C. Section 922(g)(4).
215	215	(d) An offense under Subsection (a) [this section] is a
216	216	Class A misdemeanor, except that:
217	217	(1) an offense under Subsection (a)(2) is a state jail
218	218	felony if the weapon that is the subject of the offense is a
219	219	handgun; and
220	220	(2) an offense under Subsection (a)(7) is a state jail
221	221	felony.
222	222	(e) A firearms dealer licensed under 18 U.S.C. Section 923
223	223	who declines to transfer a firearm or ammunition to a prospective
224	224	transferee because the National Instant Criminal Background Check
225	225	System indicates that the prospective transferee is prohibited from
226	226	possessing a firearm and ammunition shall notify the Department of
227	227	Public Safety.
228	228	SECTION 9. Chapter 46, Penal Code, is amended by adding
229	229	Section 46.135 to read as follows:
230	230	Sec. 46.135. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a)
231	231	A person commits an offense if the person:
232	232	(1) owns a firearm that is subsequently lost by or
233	233	stolen from the person; and
234	234	(2) fails to report the loss or theft, or cause a
235	235	report of the loss or theft to be made, to a peace officer or law
236	236	enforcement agency on or before the 10th day after the date the
237	237	person became aware the firearm was lost or stolen.
238	238	(b) An offense under this section is a Class C misdemeanor.
239	239	(c) If conduct constituting an offense under this section
240	240	also constitutes an offense under another section of this code, the
241	241	actor may be prosecuted under either section or under both
242	242	sections.
243	243	SECTION 10. (a) Article 14.06, Code of Criminal Procedure,
244	244	as amended by this Act, and Section 46.06, Penal Code, as amended by
245	245	this Act, apply only to an offense committed on or after the
246	246	effective date of this Act. An offense committed before the
247	247	effective date of this Act is governed by the law in effect on the
248	248	date the offense was committed, and the former law is continued in
249	249	effect for that purpose. For purposes of this subsection, an
250	250	offense was committed before the effective date of this Act if any
251	251	element of the offense occurred before that date.
252	252	(b) Articles 26.13 and 27.14, Code of Criminal Procedure, as
253	253	amended by this Act, apply to a plea of guilty or a plea of nolo
254	254	contendere accepted by a court on or after the effective date of
255	255	this Act, regardless of whether the offense for which the plea was
256	256	accepted was committed before, on, or after that date.
257	257	(c) Article 42.0131, Code of Criminal Procedure, as amended
258	258	by this Act, applies to a judgment of conviction entered on or after
259	259	the effective date of this Act, regardless of whether the offense of
260	260	which the defendant is convicted was committed before, on, or after
261	261	that date.
262	262	(d) Section 2002.007, Insurance Code, as added by this Act,
263	263	applies only to an insurance policy delivered, issued for delivery,
264	264	or renewed on or after January 1, 2026.
265	265	SECTION 11. This Act takes effect September 1, 2025.