89R4454 AJZ-D
	By: Goodwin	H.B. No. 1692

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of the criminal offense of unlawful
	transfer of a firearm.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.06, Penal Code, is amended by
	amending Subsection (a) and adding Subsection (e) 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;
	(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)  while prohibited from possessing a firearm under
	state or federal law, knowingly makes a material false statement on
	a form that is:
	(A)  required by state or federal law for the
	purchase, sale, or other transfer of a firearm; and
	(B)  submitted to a firearms dealer licensed under
	18 U.S.C. Section 923; or
	(8)  knowingly sells, rents, leases, loans, or gives a
	firearm to a person who the actor knows, or has reasonable cause to
	believe, is:
	(A)  a person receiving inpatient mental health
	services by order of a court under Chapter 574, Health and Safety
	Code;
	(B)  a person who has been acquitted in a criminal
	case by reason of insanity or lack of mental responsibility,
	regardless of whether the person was ordered by a court to receive
	inpatient treatment or residential care under Chapter 46C, Code of
	Criminal Procedure;
	(C)  a person who has been determined to have an
	intellectual disability and committed by a court for long-term
	placement in a residential care facility under Chapter 593, Health
	and Safety Code;
	(D)  an incapacitated adult for whom a court has
	appointed a guardian of the person under Title 3, Estates Code,
	based on a determination that the person lacks the mental capacity
	to manage the person's affairs; or
	(E)  a person determined to be incompetent to
	stand trial under Chapter 46B, Code of Criminal Procedure.
	(e)  It is a defense to prosecution under Subsection (a)(8)
	that the transfer is to a person who:
	(1)  is the subject of a judicial order or finding that
	the person is no longer an incapacitated adult or is entitled to
	relief from disabilities under Section 574.088, Health and Safety
	Code; or
	(2)  has obtained notice of relief from disabilities
	under 18 U.S.C. Section 925.
	SECTION 2.  The change in law made 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 3.  This Act takes effect September 1, 2025.