Bill Text: TX HB1039 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the duties of the Department of Public Safety, peace officers, officers of the court, and licensed firearms dealers with respect to the possession or use of a suspended, revoked, or expired license to carry a handgun; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-25 - Left pending in committee [HB1039 Detail]
Download: Texas-2021-HB1039-Introduced.html
87R5841 AJZ-D | ||
By: Goodwin | H.B. No. 1039 |
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relating to the duties of the Department of Public Safety, peace | ||
officers, officers of the court, and licensed firearms dealers with | ||
respect to the possession or use of a suspended, revoked, or expired | ||
license to carry a handgun; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter H, Chapter 411, Government Code, is | ||
amended by adding Section 411.1805 to read as follows: | ||
Sec. 411.1805. LIST OF SUSPENDED AND REVOKED LICENSES. (a) | ||
The department shall maintain a current list of license numbers | ||
with respect to each unexpired license to carry a handgun that is | ||
suspended or revoked under this subchapter. | ||
(b) The department shall post the list of license numbers on | ||
the department's Internet website. The department may not include | ||
any information that would otherwise identify the person to whom | ||
the license was issued. | ||
(c) The department shall remove the number of a suspended | ||
license from the list under this section not later than the fifth | ||
working day after the applicable period of suspension ends. | ||
(d) If a revoked license is reinstated, the department shall | ||
remove the number of that license from the list under this section | ||
not later than the fifth working day after the reinstatement | ||
occurs. | ||
(e) The department shall remove a number of a suspended or | ||
revoked license from the list under this section not later than the | ||
fifth working day after the license's expiration date. | ||
(f) The director may adopt rules to implement this section. | ||
SECTION 2. Section 411.186, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) If a peace officer believes a reason listed in | ||
Subsection (a) to revoke a license exists, the officer shall | ||
prepare an affidavit on a form provided by the department stating | ||
the reason for the revocation of the license and giving the | ||
department all of the information available to the officer at the | ||
time of the preparation of the form. The officer shall attach the | ||
officer's reports relating to the license holder to the form and | ||
send the form and attachments to the appropriate division of the | ||
department at its Austin headquarters not later than the fifth | ||
working day after the date the form is prepared. The officer shall | ||
send a copy of the form and the attachments to the license holder. | ||
If the license holder has not surrendered the license or the license | ||
was not seized as evidence or otherwise in conjunction with a legal | ||
proceeding, the license holder shall surrender the license to the | ||
appropriate division of the department not later than the 10th day | ||
after the date the license holder receives the notice of revocation | ||
from the department, unless the license holder requests a hearing | ||
from the department. The license holder may request that the | ||
justice court in the justice court precinct in which the license | ||
holder resides review the revocation as provided by Section | ||
411.180. If a request is made for the justice court to review the | ||
revocation and hold a hearing, the license holder shall surrender | ||
the license on the date an order of revocation is entered by the | ||
justice court. | ||
(b-1) If an officer of the court seizes or accepts surrender | ||
of a license under Section 411.2065, the officer shall submit the | ||
license to the department at its Austin headquarters not later than | ||
the fifth working day after the date the license is seized or | ||
surrendered. The officer shall include a copy of any court order, | ||
judgment, or other documentation relevant to the reason for the | ||
seizure or surrender of the license. | ||
SECTION 3. Section 411.187, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) If a peace officer believes a reason listed in | ||
Subsection (a) to suspend a license exists, the officer shall | ||
prepare an affidavit on a form provided by the department stating | ||
the reason for the suspension of the license and giving the | ||
department all of the information available to the officer at the | ||
time of the preparation of the form. The officer shall attach the | ||
officer's reports relating to the license holder to the form and | ||
send the form and the attachments to the appropriate division of the | ||
department at its Austin headquarters not later than the fifth | ||
working day after the date the form is prepared. The officer shall | ||
send a copy of the form and the attachments to the license holder. | ||
If the license holder has not surrendered the license or the license | ||
was not seized as evidence or otherwise in conjunction with a legal | ||
proceeding, the license holder shall surrender the license to the | ||
appropriate division of the department not later than the 10th day | ||
after the date the license holder receives the notice of suspension | ||
from the department unless the license holder requests a hearing | ||
from the department. The license holder may request that the | ||
justice court in the justice court precinct in which the license | ||
holder resides review the suspension as provided by Section | ||
411.180. If a request is made for the justice court to review the | ||
suspension and hold a hearing, the license holder shall surrender | ||
the license on the date an order of suspension is entered by the | ||
justice court. | ||
(b-1) If an officer of the court seizes or accepts surrender | ||
of a license under Section 411.2065, the officer shall submit the | ||
license to the department at its Austin headquarters not later than | ||
the fifth working day after the date the license is seized or | ||
surrendered. The officer shall include a copy of any court order, | ||
judgment, or other documentation relevant to the reason for the | ||
seizure or surrender of the license. | ||
SECTION 4. The heading to Section 411.206, Government Code, | ||
is amended to read as follows: | ||
Sec. 411.206. SEIZURE OF HANDGUN AND LICENSE BY PEACE | ||
OFFICER. | ||
SECTION 5. Section 411.206, Government Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) A peace officer may seize a license holder's | ||
suspended, revoked, or expired license. A peace officer who seizes | ||
a license under this subsection shall, not later than the fifth | ||
working day after the date of the seizure, return the license to the | ||
department or, if the officer seizes the license as evidence of an | ||
offense, notify the department that the license was seized. | ||
SECTION 6. Subchapter H, Chapter 411, Government Code, is | ||
amended by adding Section 411.2065 to read as follows: | ||
Sec. 411.2065. SEIZURE OF LICENSE BY AND SURRENDER OF | ||
LICENSE TO COURT OFFICER. (a) If a license holder is convicted of | ||
or charged with an offense or becomes the subject of a protective | ||
order and that conviction, charge, or order disqualifies the person | ||
from possessing a firearm or continuing to hold a license under this | ||
chapter, an officer of the court shall accept voluntary surrender | ||
of the license or otherwise seize the license, as appropriate. | ||
(b) An officer who seizes or accepts surrender of a license | ||
under this section shall, not later than the fifth working day after | ||
the date of the seizure or acceptance, submit to the department the | ||
license and copies of the relevant court documentation as provided | ||
by Section 411.186(b-1) or 411.187(b-1), as applicable. | ||
SECTION 7. Chapter 411, Government Code, is amended by | ||
adding Subchapter H-1 to read as follows: | ||
SUBCHAPTER H-1. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS | ||
Sec. 411.221. DEFINITIONS. In this subchapter: | ||
(1) "License" means a license to carry a handgun | ||
issued under Subchapter H. | ||
(2) "Licensed firearms dealer" means a person who is | ||
licensed as a firearms dealer under 18 U.S.C. Section 923. | ||
Sec. 411.222. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS. | ||
(a) A licensed firearms dealer may not sell or otherwise transfer a | ||
firearm to a person who presents an apparently valid unexpired | ||
license as evidence that the person is not prohibited by state or | ||
federal law from possessing a firearm unless the dealer first | ||
verifies that the license is not currently suspended or revoked. | ||
(b) The licensed firearms dealer may verify the status of | ||
the person's license under Subsection (a) either by direct | ||
communication with the department or by referencing the list of | ||
suspended or revoked licenses that is maintained on the | ||
department's Internet website under Section 411.1805. | ||
(c) If the licensed firearms dealer determines under | ||
Subsection (a) that the license is suspended or revoked, the | ||
dealer: | ||
(1) may not consider the fact that the person | ||
previously held a valid license and the fact that the person no | ||
longer holds a valid license in determining whether transferring a | ||
firearm to that person is prohibited by state or federal law; and | ||
(2) not later than the fifth working day after the date | ||
of the determination, shall notify the department that: | ||
(A) during the applicable transaction, the | ||
person presented a license to the dealer in lieu of submitting to | ||
the national instant criminal background check in accordance with | ||
18 U.S.C. Section 922; and | ||
(B) the license was suspended or revoked. | ||
SECTION 8. Section 46.06(a), Penal Code, is amended 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; [ |
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(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) knows that the person's license to carry a handgun | ||
has been suspended or revoked and, for the purpose of obtaining a | ||
firearm, knowingly presents the suspended or revoked license as | ||
evidence that the person is not prohibited by state or federal law | ||
from possessing a firearm. | ||
SECTION 9. The Department of Public Safety shall establish | ||
the list required under Section 411.1805, Government Code, as added | ||
by this Act, and publish the list on the department's Internet | ||
website not later than January 1, 2022. | ||
SECTION 10. Subchapter H-1, Chapter 411, Government Code, | ||
as added by this Act, applies only to a firearm transfer that occurs | ||
on or after January 1, 2022. | ||
SECTION 11. Section 46.06, Penal Code, as amended by this | ||
Act, applies 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 section, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
SECTION 12. This Act takes effect September 1, 2021. |