89R6059 AJZ-D
By: Blanco S.B. No. 908
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain firearm transfers, to the
unlawful possession or acquisition of a firearm or ammunition, and
to reports of lost or stolen firearms; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Business & Commerce Code, is amended by
adding Chapter 205 to read as follows:
CHAPTER 205. REGULATION OF PRIVATE FIREARM TRANSFERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(2) "Licensed firearms dealer" means a person who is
licensed as a firearms dealer under 18 U.S.C. Section 923.
SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
PRIVATE FIREARM TRANSFERS
Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or
otherwise transfer a firearm to another person unless:
(1) the person is a licensed firearms dealer;
(2) the person sells or transfers the firearm to a
licensed firearms dealer; or
(3) before the firearm is delivered to the person to
whom the firearm is being sold or transferred, the person selling or
transferring the firearm delivers the firearm to a licensed
firearms dealer to retain possession of the firearm until the
dealer conducts a national instant criminal background check in the
manner required by 18 U.S.C. Section 922 and verifies that the
person to whom the firearm is being sold or transferred may lawfully
possess a firearm.
Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
licensed firearms dealer receives a firearm under Section
205.051(3), the dealer shall conduct a national instant criminal
background check in the manner required by 18 U.S.C. Section 922 to
verify that the person to whom the firearm is being sold or
transferred may lawfully possess a firearm.
(b) If a licensed firearms dealer determines that the person
to whom the firearm is being sold or transferred may not lawfully
possess a firearm, the dealer shall return the firearm to the person
selling or transferring the firearm.
(c) If a licensed firearms dealer determines that the person
to whom the firearm is being sold or transferred may lawfully
possess a firearm, the dealer shall transfer the firearm as
directed by the person selling or transferring the firearm.
(d) A licensed firearms dealer to whom a firearm is
delivered under Section 205.051(3) may collect a reasonable fee
from the person who is selling or transferring the firearm.
Sec. 205.053. EXCEPTION. This subchapter does not apply
to:
(1) a transfer of a firearm to a person by inheritance
or bequest on the death of the owner of the firearm; or
(2) a sale or other transfer of a firearm by the owner
of the firearm if the transferor and the transferee are related
within the third degree by consanguinity or within the second
degree by affinity as determined under Chapter 573, Government
Code.
Sec. 205.054. OFFENSE. A person who violates this
subchapter commits an offense. An offense under this section is a
Class A misdemeanor.
SECTION 2. Article 14.06(b), Code of Criminal Procedure, is
amended to read as follows:
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a Class C misdemeanor,
other than an offense under Section 49.02, Penal Code, may, instead
of taking the person before a magistrate, issue a citation to the
person that contains:
(1) written notice of the time and place the person
must appear before a magistrate;
(2) the name and address of the person charged;
(3) the offense charged;
(4) information regarding the alternatives to the full
payment of any fine or costs assessed against the person, if the
person is convicted of the offense and is unable to pay that amount;
and
(5) the following admonishment, in boldfaced or
underlined type or in capital letters:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or acquire [purchase] a firearm, including a handgun or
long gun, or ammunition, pursuant to federal law under 18 U.S.C.
Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you
have any questions whether these laws make it illegal for you to
possess or acquire [purchase] a firearm or ammunition, you should
consult an attorney. If you make a false statement to the court
under oath relating to your possession or acquisition of a firearm
or ammunition, you may be subject to prosecution for an offense
under Section 37.02, Texas Penal Code."
SECTION 3. Article 26.13, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Before accepting a plea of guilty or a plea of nolo
contendere, the court shall admonish the defendant by using the
following statement:
"If you are convicted of a felony offense, it may be unlawful
for you to possess or acquire a firearm, including a handgun or long
gun, or ammunition, pursuant to federal law under 18 U.S.C. Section
922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any
questions whether these laws make it illegal for you to possess or
acquire a firearm or ammunition, you should consult an attorney. If
you make a false statement to the court under oath relating to your
possession or acquisition of a firearm or ammunition, you may be
subject to prosecution for an offense under Section 37.02, Texas
Penal Code."
SECTION 4. Article 27.14(e)(1), Code of Criminal Procedure,
is amended to read as follows:
(e)(1) Before accepting a plea of guilty or a plea of nolo
contendere by a defendant charged with a misdemeanor involving
family violence, as defined by Section 71.004, Family Code, the
court shall admonish the defendant by using the following
statement:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or acquire [purchase] a firearm, including a handgun or
long gun, or ammunition, pursuant to federal law under 18 U.S.C.
Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you
have any questions whether these laws make it illegal for you to
possess or acquire [purchase] a firearm or ammunition, you should
consult an attorney. If you make a false statement to the court
under oath relating to your possession or acquisition of a firearm
or ammunition, you may be subject to prosecution for an offense
under Section 37.02, Texas Penal Code."
SECTION 5. Article 42.0131, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.0131. REQUIRED NOTICE REGARDING FIREARMS AND
AMMUNITION [FOR PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY
VIOLENCE]. If a person is convicted of a misdemeanor involving
family violence, as defined by Section 71.004, Family Code, or of a
felony, the court shall notify the person of the fact that:
(1) it is unlawful for the person to possess or acquire
[transfer] a firearm or ammunition; and
(2) a person who makes a false statement to the court
under oath relating to the person's possession or acquisition of a
firearm or ammunition is subject to prosecution for an offense
under Section 37.02, Penal Code.
SECTION 6. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.0522 to read as follows:
Sec. 411.0522. INVESTIGATION OF LICENSED FIREARMS DEALER
NOTIFICATION. (a) If the department receives a notification under
Section 46.06(e), Penal Code, from a firearms dealer licensed under
18 U.S.C. Section 923, the department shall initiate an
investigation.
(b) If the department's investigation under this section
produces evidence that a person may have violated Section 46.06,
Penal Code, the department shall refer the case to the appropriate
local authorities for further investigation and possible
prosecution.
SECTION 7. Subchapter A, Chapter 2002, Insurance Code, is
amended by adding Section 2002.007 to read as follows:
Sec. 2002.007. PROOF OF LOSS FOR FIREARM COVERAGE. (a) In
this section, "personal property insurance" means insurance
against damage to or loss of tangible personal property, including
coverage provided in a homeowners insurance policy, residential
fire and allied lines insurance policy, or farm and ranch owners
insurance policy.
(b) This section applies to each insurer that provides
personal property insurance in this state, including a county
mutual insurance company, farm mutual insurance company, Lloyd's
plan, and reciprocal or interinsurance exchange.
(c) A personal property insurance policy that includes
firearm coverage must provide that a report of the loss or theft of
a covered firearm submitted to a peace officer or law enforcement
agency on or before the 10th day after the date the policyholder
became aware the firearm was lost or stolen is sufficient proof of
loss for the firearm.
SECTION 8. Section 46.06, Penal Code, is amended by
amending Subsections (a) and (d) and adding Subsection (e) to read
as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to
any person knowing that the person to whom the handgun is to be
delivered intends to use it unlawfully or in the commission of an
unlawful act;
(2) intentionally or knowingly sells, rents, leases,
or gives or offers to sell, rent, lease, or give to any child
younger than 18 years of age any firearm, club, or
location-restricted knife;
(3) intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
intoxicated;
(4) knowingly sells a firearm or ammunition for a
firearm to any person who has been convicted of a felony before the
fifth anniversary of the later of the following dates:
(A) the person's release from confinement
following conviction of the felony; or
(B) the person's release from supervision under
community supervision, parole, or mandatory supervision following
conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to
any person knowing that an active protective order is directed to
the person to whom the handgun is to be delivered;
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a handgun while an active protective
order is directed to the actor; [or]
(7) while prohibited from possessing a firearm under
state or federal law, knowingly makes a material false statement on
a form that is:
(A) required by state or federal law for the
purchase, sale, or other transfer of a firearm; and
(B) submitted to a firearms dealer licensed under
18 U.S.C. Section 923; or
(8) knowingly acquires or attempts to acquire a
firearm or ammunition while the actor is prohibited from possessing
a firearm or ammunition by a state law or a federal law other than 18
U.S.C. Section 922(g)(4).
(d) An offense under Subsection (a) [this section] is a
Class A misdemeanor, except that:
(1) an offense under Subsection (a)(2) is a state jail
felony if the weapon that is the subject of the offense is a
handgun; and
(2) an offense under Subsection (a)(7) is a state jail
felony.
(e) A firearms dealer licensed under 18 U.S.C. Section 923
who declines to transfer a firearm or ammunition to a prospective
transferee because the National Instant Criminal Background Check
System indicates that the prospective transferee is prohibited from
possessing a firearm and ammunition shall notify the Department of
Public Safety.
SECTION 9. Chapter 46, Penal Code, is amended by adding
Section 46.135 to read as follows:
Sec. 46.135. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a)
A person commits an offense if the person:
(1) owns a firearm that is subsequently lost by or
stolen from the person; and
(2) fails to report the loss or theft, or cause a
report of the loss or theft to be made, to a peace officer or law
enforcement agency on or before the 10th day after the date the
person became aware the firearm was lost or stolen.
(b) An offense under this section is a Class C misdemeanor.
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
SECTION 10. (a) Article 14.06, Code of Criminal Procedure,
as amended by this Act, and Section 46.06, Penal Code, as amended by
this Act, apply only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this subsection, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
(b) Articles 26.13 and 27.14, Code of Criminal Procedure, as
amended by this Act, apply to a plea of guilty or a plea of nolo
contendere accepted by a court on or after the effective date of
this Act, regardless of whether the offense for which the plea was
accepted was committed before, on, or after that date.
(c) Article 42.0131, Code of Criminal Procedure, as amended
by this Act, applies to a judgment of conviction entered on or after
the effective date of this Act, regardless of whether the offense of
which the defendant is convicted was committed before, on, or after
that date.
(d) Section 2002.007, Insurance Code, as added by this Act,
applies only to an insurance policy delivered, issued for delivery,
or renewed on or after January 1, 2026.
SECTION 11. This Act takes effect September 1, 2025.