Bill Text: TX HB1948 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the duties of the Department of Public Safety and licensed firearms dealers with respect to the possession or use of a suspended or revoked license to carry a handgun.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to Homeland Security & Public Safety [HB1948 Detail]
Download: Texas-2021-HB1948-Introduced.html
| 87R6427 AJZ/AJA-D | ||
| By: Howard | H.B. No. 1948 | |
|
|
||
|
|
||
| relating to the duties of the Department of Public Safety and | ||
| licensed firearms dealers with respect to the possession or use of a | ||
| suspended or revoked license to carry a handgun. | ||
| 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 establish and operate a dedicated | ||
| telephone line that enables licensed firearms dealers to call to | ||
| verify whether an unexpired license to carry a handgun has been | ||
| suspended or revoked, as indicated on the list established by the | ||
| department under this section. The telephone line must be | ||
| continuously monitored by the department during its regular | ||
| business hours. | ||
| (d) 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. | ||
| (e) 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. | ||
| (f) 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. | ||
| (g) The director may adopt rules to implement this section. | ||
| SECTION 2. 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. | ||
| Sec. 411.223. CIVIL LIABILITY. A licensed firearms dealer | ||
| who sells or otherwise transfers a firearm in violation of Section | ||
| 411.222 is liable for damages arising from bodily injury or death | ||
| proximately caused by the discharge of the firearm by the person to | ||
| whom the firearm was sold or transferred. | ||
| SECTION 3. 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 4. 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 5. This Act takes effect September 1, 2021. | ||
