Bill Text: TX HB220 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the offense of unlawful transfer of handguns and other firearms and to the duties of certain entities with respect to handgun licenses that are active, suspended, or revoked; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2023-05-05 - Committee report sent to Calendars [HB220 Detail]
Download: Texas-2023-HB220-Comm_Sub.html
| 88R26840 AJZ-D | |||
| By: Goodwin, Reynolds, Ortega, et al. | H.B. No. 220 | ||
| Substitute the following for H.B. No. 220: | |||
| By: Canales | C.S.H.B. No. 220 | ||
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| relating to the offense of unlawful transfer of handguns and other | ||
| firearms and to the duties of certain entities with respect to | ||
| handgun licenses that are active, suspended, or revoked; 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. DATABASE OF SUSPENDED AND REVOKED LICENSES. | ||
| (a) The department shall maintain a current record of license | ||
| numbers with respect to each unexpired license to carry a handgun | ||
| that is suspended or revoked under this subchapter. | ||
| (b) Notwithstanding Section 411.192, the department shall | ||
| make available on the department's publicly accessible Internet | ||
| website a searchable database of license numbers that allows a | ||
| firearms dealer licensed under 18 U.S.C. Section 923 to determine | ||
| whether the person to whom a firearm is being transferred may use | ||
| the license as a permit described by 18 U.S.C. Section 922(t). The | ||
| department may not include any information that would otherwise | ||
| identify the person to whom the license was issued. | ||
| (c) Not later than the fifth working day after the | ||
| applicable period of suspension ends for a license, the department | ||
| shall update the database under Subsection (b) to reflect that the | ||
| license is no longer suspended. | ||
| (d) If a revoked license is reinstated, the department shall | ||
| update the database under Subsection (b) to reflect that | ||
| reinstatement not later than the fifth working day after the | ||
| reinstatement occurs. | ||
| (e) A firearms dealer licensed under 18 U.S.C. Section 923 | ||
| who transfers a firearm to a person who presents a license issued | ||
| under this subchapter is not subject to civil liability for failing | ||
| to perform an action described by Section 411.222(a) to verify the | ||
| validity of the person's license before the transfer. | ||
| (f) The department and each other state agency, and each | ||
| political subdivision of this state, are prohibited from collecting | ||
| or maintaining a record of information submitted for the purpose of | ||
| searching the database under Subsection (b), including information | ||
| that may indicate how frequently a particular license number has | ||
| been searched in the database. | ||
| (g) 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 | ||
| or revoked 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 | ||
| subchapter, 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) Before a licensed firearms dealer transfers a firearm to a | ||
| person who presents an apparently valid unexpired license as a | ||
| permit described by 18 U.S.C. Section 922(t), the dealer shall | ||
| verify that the license is not currently suspended or revoked, | ||
| either by: | ||
| (1) direct communication with the department; or | ||
| (2) referencing the database of license numbers that | ||
| is maintained on the department's Internet website under Section | ||
| 411.1805. | ||
| (b) Each time a licensed firearms dealer requests | ||
| information from the department to verify the validity of a | ||
| person's license under Subsection (a)(1) or (2), the department | ||
| shall provide the dealer with a unique identification number to | ||
| confirm that the request was made. | ||
| (c) If the licensed firearms dealer determines under | ||
| Subsection (a) that a person's license is suspended or revoked, the | ||
| dealer may transfer a firearm to the person after conducting a | ||
| national instant criminal background check in the manner required | ||
| by 18 U.S.C. Section 922 and verifying that the person may lawfully | ||
| possess a firearm. | ||
| (d) If the department is unable to immediately verify the | ||
| validity of a person's license under Subsection (a), the licensed | ||
| firearms dealer may proceed with the transfer and may treat the | ||
| license as a permit described by 18 U.S.C. Section 922(t). | ||
| SECTION 8. Not later than January 1, 2024, the Department of | ||
| Public Safety shall: | ||
| (1) establish the database required under Section | ||
| 411.1805, Government Code, as added by this Act, and make the | ||
| database available on the department's Internet website; and | ||
| (2) notify each person in this state who is a licensed | ||
| firearms dealer under 18 U.S.C. Section 923, by e-mail or mail, of | ||
| the database established under Section 411.1805, Government Code, | ||
| as added by this Act, and include a link to the Internet website | ||
| where the database is posted. | ||
| SECTION 9. 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, 2024. | ||
| SECTION 10. This Act takes effect September 1, 2023. | ||
