84R654 AJZ-F
	By: Ellis	S.B. No. 259

	A BILL TO BE ENTITLED
	AN ACT
	relating to criminal history background checks in connection with
	firearm transfers; creating offenses.
	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. FIREARM BACKGROUND CHECKS
	Sec. 411.221.  DEFINITIONS. In this subchapter:
	(1)  "Firearm" has the meaning assigned by 18 U.S.C.
	Section 921(a)(3).
	(2)  "National instant criminal background check
	system" means the national instant criminal background check system
	created by Pub. L. No. 103-159.
	(3)  "Transfer" means the sale or delivery of any
	firearm in this state to a transferee. The term includes redemption
	of a pawned firearm by any person who is not licensed as a federal
	firearms licensee by the Bureau of Alcohol, Tobacco, Firearms and
	Explosives. The term does not include the return or replacement of
	a firearm that has been delivered to a federal firearms licensee for
	the sole purpose of repair or customizing.
	(4)  "Transferee" means any person who is not licensed
	as a federal firearms licensee by the Bureau of Alcohol, Tobacco,
	Firearms and Explosives, or any of its successor agencies, in
	accordance with 18 U.S.C. Chapter 44 and to whom a transferor wishes
	to sell or deliver a firearm.
	(5)  "Transferor" means any licensed importer,
	licensed manufacturer, or licensed dealer as defined by 18 U.S.C.
	Sections 921(a)(9), (10), and (11).
	Sec. 411.222.  STATE POINT OF CONTACT.  The department
	serves as the state point of contact for:
	(1)  implementation of 18 U.S.C. Section 922(t) and all
	federal regulations and all applicable guidelines adopted under
	that law; and
	(2)  the national instant criminal background check
	system.
	Sec. 411.223.  TRANSMISSION OF BACKGROUND CHECK REQUEST.
	(a) The department, acting as the state point of contact under this
	subchapter, shall transmit to the national instant criminal
	background check system a request for a criminal history background
	check in connection with the prospective transfer of a firearm and
	may also search other databases. The department shall deny a
	transfer of a firearm if the transfer would violate 18 U.S.C.
	Section 922(g) or (n) or any law of this state.
	(b)  In addition to the grounds for denial specified in
	Subsection (a), the department shall deny a transfer of a firearm
	if, on or after the date a request for a criminal history background
	check is initiated, the prospective transferee:
	(1)  is arrested for or charged with an offense for
	which the prospective transferee, if convicted, would be prohibited
	under state or federal law from purchasing, receiving, or
	possessing a firearm and there is no final disposition of the case;
	or
	(2)  is charged with an offense punishable by
	confinement for a term exceeding one year and there is no final
	disposition of the case.
	(c)  The department may cooperate with federal, state, and
	local law enforcement agencies to retrieve or assist any other law
	enforcement agency in retrieving a firearm transferred in violation
	of this subchapter and may assist in any prosecution related to a
	transfer made in violation of this subchapter.
	Sec. 411.224.  PROCESSING INFORMATION.  The department shall
	receive and process information concerning final case disposition
	data in this state within 72 hours after the final disposition of
	the case for purposes of carrying out the department's duties under
	this subchapter.
	Sec. 411.225.  NOTIFICATION OF DENIAL.  (a) On denial of a
	firearm transfer, the department shall notify the transferor and
	send notice of the denial to the national instant criminal
	background check system. The department shall also immediately
	send notification of the denial and the basis for the denial to the
	federal, state, and local law enforcement agencies having
	jurisdiction in the county in which the prospective transferee
	resides and in which the transferor conducts any business.
	(b)  On denial of a firearm transfer, the transferor shall
	provide the prospective transferee with written information
	prepared by the department concerning the procedure by which the
	prospective transferee, within 30 days after the denial, may
	request a review of the denial and of the criminal history record
	information that prompted the denial. Within 30 days after
	receiving a request from a prospective transferee under this
	subsection, the department shall:
	(1)  perform a thorough review of the criminal history
	record information that prompted the denial; and
	(2)  render a final administrative decision regarding
	the denial within 30 days after receiving information from the
	prospective transferee that alleges the transfer was improperly
	denied.
	(c)  If the department withdraws a denial, the department
	shall immediately request that the agency that provided the
	criminal history record information prompting the denial make a
	permanent change to the information as necessary to make the
	information accurate. The department shall also immediately
	provide notification of a withdrawal of a denial to all agencies and
	entities that were previously notified of a denial under Subsection
	(a).
	Sec. 411.226.  INFORMATION ON WARRANTS.  If in the course of
	conducting a criminal history background check under this
	subchapter the department obtains information that indicates the
	prospective transferee is the subject of an outstanding warrant,
	the department shall immediately provide notice of the warrant to
	the federal, state, and local law enforcement agencies having
	jurisdiction in the county in which the prospective transferee
	resides and in which the transferor conducts any business.
	Sec. 411.227.  RULES.  (a) The director or the director's
	designee shall adopt rules necessary to:
	(1)  carry out the duties of the department under this
	subchapter; and
	(2)  ensure the proper maintenance, confidentiality,
	and security of all records and data provided under this
	subchapter.
	(b)  The rules adopted under Subsection (a) must include
	procedures regarding:
	(1)  the manner in which a prospective transferee whose
	transfer is denied may request a review of the denial and of the
	criminal history record information that prompted the denial;
	(2)  the retention of records obtained or created for
	purposes of this subchapter or for implementation of 18 U.S.C.
	Section 922(t), except that the rules must state that the
	department may not retain a record for more than 48 hours after the
	date on which the department approves a transfer; and
	(3)  the collection of information from and proper
	identification of a prospective transferee, including forms
	adopted by the department for those purposes.
	(c)  In addition to the procedures described by Subsection
	(b), the rules adopted under Subsection (a) shall establish
	requirements for the department to:
	(1)  be open for business at least 12 hours each day,
	except Christmas Day and Thanksgiving Day, to transmit the requests
	for criminal history background checks to the national instant
	criminal background check system and to search other databases;
	(2)  provide a toll-free telephone number for any
	person calling from within this state that is operational every day
	that the department is open for business under Subdivision (1); and
	(3)  employ and train personnel as necessary to ensure
	prompt processing of the reasonably anticipated volume of requests
	for criminal history background checks received under this
	subchapter.
	Sec. 411.228.  CIVIL CAUSES OF ACTION.  This subchapter does
	not create a civil cause of action for damages in addition to those
	causes of action available under Chapter 101, Civil Practice and
	Remedies Code.
	Sec. 411.229.  CONFLICT WITH CODE OF CRIMINAL PROCEDURE.  If
	a provision of this subchapter conflicts with a provision of the
	Code of Criminal Procedure governing the transfer of a firearm,
	this subchapter controls.
	Sec. 411.230.  OFFENSES.  (a) A person commits an offense if
	the person:
	(1)  is a transferor who knowingly requests a criminal
	history background check or any specific criminal history record
	information under false pretenses or knowingly disseminates
	criminal history record information to any other person other than
	the subject of the information; or
	(2)  is an agent or employee or former agent or employee
	of the department who knowingly violates this subchapter.
	(b)  An offense under Subsection (a) is a Class A
	misdemeanor.
	(c)  The provisions of Chapter 37, Penal Code, apply to
	statements and actions made as required by this subchapter.
	Sec. 411.231.  IMMUNITIES FOR TRANSFEROR.  A transferor who
	complies with this subchapter is not subject to civil or criminal
	liability or a regulatory sanction that otherwise would arise from
	the lawful transfer or lawful denial of the transfer of a firearm.
	Sec. 411.232.  FAMILY TRANSFERS.  This subchapter does not
	apply to transfers between transferors and transferees related
	within the third degree by consanguinity or within the second
	degree by affinity, as determined under Chapter 573.
	SECTION 2.  Sections 46.06(a) and (b), Penal Code, are
	amended 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 any firearm, club, or illegal 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; [or]
	(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)  intentionally, knowingly, or recklessly transfers
	a firearm without obtaining approval for the transfer following a
	criminal history background check under Subchapter H-1, Chapter
	411, Government Code, unless the transfer is to a close family
	member.
	(b)  In this section:
	(1)  "Intoxicated" means substantial impairment of
	mental or physical capacity resulting from introduction of any
	substance into the body.
	(2)  "Active protective order" means a protective order
	issued under Title 4, Family Code, that is in effect. The term does
	not include a temporary protective order issued before the court
	holds a hearing on the matter.
	(3)  "Close family member" means related within the
	third degree by consanguinity or within the second degree by
	affinity, as determined under Chapter 573, Government Code.
	(4)  "Transfer" has the meaning assigned by Section
	411.221, Government Code.
	SECTION 3.  The change in law made by this Act to Section
	46.06, Penal Code, 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 4.  This Act takes effect September 1, 2015.