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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of the Department of Public Safety and |
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licensed firearms dealers with respect to the possession or use of a |
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suspended or revoked license to carry a handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1805 to read as follows: |
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Sec. 411.1805. LIST OF SUSPENDED AND REVOKED LICENSES. (a) |
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The department shall maintain a current list of license numbers |
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with respect to each unexpired license to carry a handgun that is |
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suspended or revoked under this subchapter. |
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(b) The department shall post the list of license numbers on |
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the department's Internet website. The department may not include |
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any information that would otherwise identify the person to whom |
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the license was issued. |
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(c) The department shall establish and operate a dedicated |
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telephone line that enables licensed firearms dealers to call to |
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verify whether an unexpired license to carry a handgun has been |
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suspended or revoked, as indicated on the list established by the |
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department under this section. The telephone line must be |
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continuously monitored by the department during its regular |
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business hours. |
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(d) The department shall remove the number of a suspended |
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license from the list under this section not later than the fifth |
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working day after the applicable period of suspension ends. |
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(e) If a revoked license is reinstated, the department shall |
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remove the number of that license from the list under this section |
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not later than the fifth working day after the reinstatement |
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occurs. |
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(f) The department shall remove a number of a suspended or |
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revoked license from the list under this section not later than the |
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fifth working day after the license's expiration date. |
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(g) The director may adopt rules to implement this section. |
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SECTION 2. Chapter 411, Government Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS |
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Sec. 411.221. DEFINITIONS. In this subchapter: |
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(1) "License" means a license to carry a handgun |
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issued under Subchapter H. |
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(2) "Licensed firearms dealer" means a person who is |
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licensed as a firearms dealer under 18 U.S.C. Section 923. |
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Sec. 411.222. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS. |
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(a) A licensed firearms dealer may not sell or otherwise transfer a |
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firearm to a person who presents an apparently valid unexpired |
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license as evidence that the person is not prohibited by state or |
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federal law from possessing a firearm unless the dealer first |
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verifies that the license is not currently suspended or revoked. |
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(b) The licensed firearms dealer may verify the status of |
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the person's license under Subsection (a) either by direct |
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communication with the department or by referencing the list of |
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suspended or revoked licenses that is maintained on the |
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department's Internet website under Section 411.1805. |
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(c) If the licensed firearms dealer determines under |
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Subsection (a) that the license is suspended or revoked, the |
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dealer: |
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(1) may not consider the fact that the person |
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previously held a valid license and the fact that the person no |
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longer holds a valid license in determining whether transferring a |
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firearm to that person is prohibited by state or federal law; and |
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(2) not later than the fifth working day after the date |
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of the determination, shall notify the department that: |
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(A) during the applicable transaction, the |
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person presented a license to the dealer in lieu of submitting to |
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the national instant criminal background check in accordance with |
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18 U.S.C. Section 922; and |
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(B) the license was suspended or revoked. |
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Sec. 411.223. CIVIL LIABILITY. A licensed firearms dealer |
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who sells or otherwise transfers a firearm in violation of Section |
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411.222 is liable for damages arising from bodily injury or death |
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proximately caused by the discharge of the firearm by the person to |
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whom the firearm was sold or transferred. |
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SECTION 3. The Department of Public Safety shall establish |
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the list required under Section 411.1805, Government Code, as added |
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by this Act, and publish the list on the department's Internet |
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website not later than January 1, 2022. |
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SECTION 4. Subchapter H-1, Chapter 411, Government Code, as |
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added by this Act, applies only to a firearm transfer that occurs on |
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or after January 1, 2022. |
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SECTION 5. This Act takes effect September 1, 2021. |