89R12585 JSC-D
	By: Garcia of Dallas	H.B. No. 3419

	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of the Texas Do-Not-Sell Registry for
	firearms.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 411, Government Code, is amended by
	adding Subchapter H-1 to read as follows:
	SUBCHAPTER H-1. TEXAS DO-NOT-SELL REGISTRY
	Sec. 411.221.  DEFINITIONS. In this subchapter:
	(1)  "Firearm" has the meaning assigned by Section
	46.01, Penal Code.
	(2)  "Registry" means the Texas Do-Not-Sell Registry
	created by this subchapter.
	Sec. 411.222.  REGISTRY OF INDIVIDUALS WAIVING RIGHT TO
	PURCHASE OR RECEIVE TRANSFER OF FIREARM. (a)  The department shall
	establish and maintain a secure electronic registry to collect and
	store information regarding individuals who have voluntarily
	waived the right to purchase or receive transfer of a firearm under
	Section 411.224.
	(b)  To be eligible to have the individual's waiver
	information included in the registry, an individual must be:
	(1)  a resident of this state;
	(2)  at least 18 years of age; and
	(3)  not otherwise prohibited by state or federal law
	from possessing a firearm.
	Sec. 411.223.  TEMPORARY OR INDEFINITE WAIVER OF RIGHT TO
	PURCHASE OR RECEIVE TRANSFER OF FIREARM.  An individual seeking to
	restrict the individual's access to firearms may waive the
	individual's right to purchase or receive transfer of a firearm:
	(1)  temporarily, with the restriction automatically
	expiring on the 180th day after the date the waiver is submitted; or
	(2)  indefinitely, with the restriction ending only
	when the waiver is revoked by the individual.
	Sec. 411.224.  WAIVER PROCEDURE. (a)  An individual may
	submit to the department, on a form prescribed by the department, a
	waiver of the individual's right to purchase or receive transfer of
	a firearm. The individual may submit the waiver form to the
	department either in person or by mail and must include with the
	form any supplemental materials required by the department under
	Subsection (d) to ensure accuracy of information on the form.
	(b)  The waiver form must require the individual to provide
	information sufficient to enable the department to:
	(1)  verify the individual's identity; and
	(2)  submit the information to the Federal Bureau of
	Investigation for use with the National Instant Criminal Background
	Check System.
	(c)  The waiver form must allow the individual to specify
	whether the individual is waiving the right to purchase or receive
	transfer of a firearm temporarily or indefinitely, as provided by
	Section 411.223.
	(d)  The department by rule shall require an individual to
	submit a copy of the individual's government-issued photo
	identification with the waiver form and may require any other
	supplemental materials to ensure accuracy of information on the
	form. The waiver form must include instructions on which
	supplemental materials should accompany the waiver form, if any.
	(e)  In addition to other requirements specified by
	department rule, the waiver form must contain the following
	prominently displayed statement:
	"BECAUSE YOU HAVE SUBMITTED THIS WAIVER, YOUR INFORMATION
	WILL BE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
	SYSTEM WHICH WILL PREVENT YOU FROM PURCHASING OR RECEIVING TRANSFER
	OF ANY FIREARMS WHILE THE WAIVER IS IN EFFECT. YOU MAY VOLUNTARILY
	REVOKE THIS WAIVER BY SUBMITTING A REVOCATION FORM TO THE TEXAS
	DEPARTMENT OF PUBLIC SAFETY AFTER THE APPROPRIATE WAITING PERIOD."
	(f)  In submitting the waiver, the individual may provide the
	name and contact information of a third person to be notified if the
	individual revokes the waiver or attempts to purchase or receive
	transfer of a firearm while the waiver is in effect.
	(g)  The fact that an individual has submitted a waiver under
	this section or is listed in the voluntary registry does not in
	itself prohibit the individual from possessing a firearm under
	state law.
	(h)  A waiver under this subchapter is valid only if the
	waiver:
	(1)  is submitted by an individual described by Section
	411.222(b) for the purpose of waiving that individual's right to
	purchase or receive transfer of a firearm;
	(2)  provides all of the information required to be
	included on the waiver form under Subsection (b); and
	(3)  includes any supplemental materials required
	under Subsection (d).
	Sec. 411.225.  ADDITION TO REGISTRY AND NATIONAL INSTANT
	CRIMINAL BACKGROUND CHECK SYSTEM. (a)  Not later than 24 hours
	after the department receives a waiver form and any accompanying
	materials, the department shall determine whether the waiver is
	valid and meets the requirements of Section 411.224(h).
	(b)  If the department determines that the submitted waiver
	is valid, the department shall:
	(1)  provide the information from the waiver to the
	Federal Bureau of Investigation for use with the National Instant
	Criminal Background Check System;
	(2)  notify the individual by mail that the
	individual's information has been submitted for inclusion in the
	National Instant Criminal Background Check System; and
	(3)  as applicable, suspend the individual's license to
	carry a handgun under Subchapter H.
	(c)  If the department determines that the submitted waiver
	is not valid, the department shall provide to the individual by
	mail, as applicable:
	(1)  notice that there is a deficiency in the waiver
	form or in the supplemental materials submitted with the waiver
	form, which must include instructions that will assist the
	individual in correcting the deficiency; or
	(2)  notice that the individual is not eligible to have
	the individual's information included on the registry.
	Sec. 411.226.  REMOVAL ON EXPIRATION OF TEMPORARY WAIVER.
	(a)  If the department receives a temporary waiver described by
	Section 411.223(1), on the 180th day after the date the waiver was
	submitted, the department shall:
	(1)  contact the Federal Bureau of Investigation to
	request the removal of the individual's information from the
	National Instant Criminal Background Check System;
	(2)  remove the individual's information from the
	voluntary registry; and
	(3)  as applicable, reinstate the individual's license
	to carry a handgun under Subchapter H if the individual is otherwise
	eligible to hold the license.
	(b)  At least 30 days before the expiration of a temporary
	waiver described by Section 411.223(1), the department shall notify
	the person who submitted the waiver that the waiver is about to
	expire.
	Sec. 411.227.  REVOCATION OF WAIVER; REMOVAL FROM REGISTRY.
	(a)  An individual who has previously submitted a valid waiver to
	the department and whose information has been included in the
	registry may revoke the waiver under this subchapter in person or by
	mail by submitting a revocation to the department on a form
	prescribed by the department.
	(b)  An individual who has submitted a temporary waiver
	described by Section 411.223(1) may submit a revocation form not
	earlier than the 30th day after the date the waiver was submitted.
	An individual who submitted an indefinite waiver described by
	Section 411.223(2) may submit a revocation form not earlier than
	the 90th day after the date the waiver was submitted.
	(c)  The revocation form must require the individual to
	provide information sufficient to enable the department to verify
	that the individual submitting the revocation form is the same
	individual who submitted the waiver.
	(d)  As soon as practicable after the department receives a
	revocation form, the department shall determine if the revocation
	is valid.
	(e)  If the department determines that the submitted
	revocation is valid, the department shall notify both the
	individual who submitted the revocation form and the third person
	designated with the submission of the waiver under Section
	411.224(f), if applicable:
	(1)  that the department has received a revocation
	form; and
	(2)  of the date by which the department will provide
	the information from the form to the Federal Bureau of
	Investigation to enable that agency to remove the individual's
	information from the National Instant Criminal Background Check
	System.
	(f)  If the department determines that the submitted
	revocation is not valid, the department shall provide to the
	individual by mail:
	(1)  notice that the revocation is deficient; and
	(2)  instructions that will assist the individual in
	correcting the deficiency.
	(g)  A revocation under this subchapter is valid only if:
	(1)  the individual requesting the revocation submits
	the revocation form as required by the department;
	(2)  the revocation form provides all of the
	information required to be included on the form by the department;
	and
	(3)  the department is able to verify the individual's
	identity through the information provided on the revocation form.
	(h)  Not later than the third business day after the date the
	department receives a valid revocation form, the department shall:
	(1)  provide the information from the form to the
	Federal Bureau of Investigation to enable that agency to remove the
	individual's information from the National Instant Criminal
	Background Check System;
	(2)  remove the individual's information from the
	voluntary registry; and
	(3)  as applicable, reinstate the individual's license
	to carry a handgun under Subchapter H if the individual is otherwise
	eligible to hold the license.
	Sec. 411.228.  WAIVERS AND REVOCATIONS BY OTHER INDIVIDUALS
	NOT PERMITTED. (a)  An individual may not submit a waiver or
	revocation form under this subchapter on behalf of another
	individual, regardless of the relationship between the
	individuals.
	(b)  The department may not add or remove an individual's
	information from the registry based on a waiver or revocation form,
	as applicable, that is submitted by another individual.
	Sec. 411.229.  MULTIPLE WAIVERS AND REVOCATIONS PERMITTED.
	An individual may make one or more waivers or revocations of waiver
	under this subchapter, as the individual considers necessary or
	appropriate.
	Sec. 411.230.  AVAILABILITY OF FORMS. The department shall
	make available the waiver form described by Section 411.224 and the
	revocation form described by Section 411.227 on the department's
	Internet website. The Internet website must include clear
	instructions for:
	(1)  completing and submitting a waiver or revocation
	form; and
	(2)  submitting with the waiver any supplemental
	materials needed to ensure accuracy of information on the waiver
	form.
	Sec. 411.231.  CONFIDENTIALITY AND DISCLOSURE OF
	INFORMATION. (a)  Except as provided by Subsection (b),
	information maintained by the department regarding an individual
	who has voluntarily waived the right to purchase or receive
	transfer of a firearm under this subchapter:
	(1)  is confidential and not subject to disclosure
	under Chapter 552; and
	(2)  may only be disclosed to:
	(A)  a law enforcement officer in connection with
	a prospective transfer of a firearm; or
	(B)  the individual who is the subject of the
	information in the form.
	(b)  The department may release anonymized statistics
	regarding:
	(1)  the number of individuals who submitted waivers
	under Section 411.224 for inclusion on the registry;
	(2)  the number of individuals who submitted
	revocations under Section 411.227 for removal of their information
	from the registry; and
	(3)  the number of individuals whose information is
	currently included in the registry.
	Sec. 411.232.  ATTEMPTED ACQUISITION OF FIREARM BY LISTED
	INDIVIDUAL; DUTIES OF LICENSED FIREARMS DEALER AND DEPARTMENT.  (a)
	A licensed firearms dealer licensed under 18 U.S.C. Section 923 who
	declines to transfer a firearm to a prospective transferee in this
	state because the prospective transferee is listed in the voluntary
	registry shall notify the Department of Public Safety.
	(b)  On receipt of a notification under Subsection (a), the
	department shall notify the third person designated with the
	submission of the waiver under Section 411.224(f), if applicable.
	Sec. 411.233.  RULES. (a)  The director shall adopt rules to
	establish and maintain the secure electronic registry, including
	rules prescribing the forms necessary for submission or revocation
	of a waiver described by this subchapter.  The rules may not
	establish any eligibility requirements to submit a waiver or
	revocation form other than the requirements under this subchapter.
	(b)  The department by rule shall establish procedures that
	will enable the department to provide information from a waiver
	form under Section 411.224 or a revocation form under Section
	411.227 to the Federal Bureau of Investigation for use with the
	National Instant Criminal Background Check System.
	(c)  The department by rule shall establish a procedure to
	correct department records as necessary to accurately reflect an
	individual's waiver status and a procedure to transmit the
	corrected records to the Federal Bureau of Investigation.
	SECTION 2.  Not later than September 1, 2026, the Department
	of Public Safety of the State of Texas shall:
	(1)  develop and make available the waiver and
	revocation forms and create the voluntary registry required by
	Subchapter H-1, Chapter 411, Government Code, as added by this Act;
	(2)  adopt the procedures regarding submitting
	information under Subchapter H-1, Chapter 411, Government Code, as
	added by this Act, to the Federal Bureau of Investigation for use
	with the National Instant Criminal Background Check System; and
	(3)  adopt procedures regarding correcting department
	records of individuals listed in the voluntary registry under
	Subchapter H-1, Chapter 411, Government Code, as added by this Act.
	SECTION 3.  This Act takes effect September 1, 2025.