85R2074 MAW-D
	By: Anchia	H.B. No. 4037

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain criminal offenses concerning the unlawful
	transfer or purchase of certain weapons; increasing a criminal
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 46.06, Penal Code, is
	amended to read as follows:
	Sec. 46.06.  UNLAWFUL TRANSFER OR PURCHASE OF CERTAIN
	WEAPONS.
	SECTION 2.  Section 46.06, Penal Code, is amended by
	amending Subsections (a), (c), and (d) and adding Subsections
	(a-1), (c-1), (e), and (f) to read as follows:
	(a)  A person commits an offense if the person:
	(1)  sells, rents, leases, loans, or gives a firearm
	[handgun] to any person knowing that the person to whom the firearm
	[handgun] is to be delivered intends to use the firearm [it]
	unlawfully or in the commission of an unlawful act;
	(2)  purchases or attempts to purchase a firearm with
	intent to deliver the firearm to a person knowing that the person to
	whom the firearm is to be delivered intends to possess the firearm
	unlawfully or to use the firearm unlawfully or in the commission of
	an unlawful act; or
	(3)  knowingly makes a materially false or misleading
	statement in providing information to a person for purposes of
	complying with the national instant criminal background check
	system in the manner required by 18 U.S.C. Section 922.
	(a-1)  A person commits an offense if the person:
	(1) [(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;
	(2) [(3)]  intentionally, knowingly, or recklessly
	sells a firearm or ammunition for a firearm to any person who is
	intoxicated;
	(3) [(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;
	(4) [(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
	(5) [(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.
	(c)  It is an affirmative defense to prosecution under
	Subsection (a-1)(1) [(a)(2)] that the transfer was to a minor whose
	parent or the person having legal custody of the minor had given
	written permission for the sale or, if the transfer was other than a
	sale, the parent or person having legal custody had given effective
	consent.
	(c-1)  The renunciation defense described by Section
	15.04(a) is available as an affirmative defense to prosecution of
	an attempted purchase under Subsection (a)(2).
	(d)  An offense under Subsection (a) is a felony of the third
	degree.
	(e)  An offense under Subsection (a-1) [this section] is a
	Class A misdemeanor, except that an offense under Subsection
	(a-1)(1) [(a)(2)] is a state jail felony if the weapon that is the
	subject of the offense is a handgun.
	(f)  To the extent of any conflict between this section and a
	federal law related to the unlawful transfer or purchase of
	weapons, the federal law prevails.
	SECTION 3.  Section 71.02(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if, with the intent to
	establish, maintain, or participate in a combination or in the
	profits of a combination or as a member of a criminal street gang,
	the person commits or conspires to commit one or more of the
	following:
	(1)  murder, capital murder, arson, aggravated
	robbery, robbery, burglary, theft, aggravated kidnapping,
	kidnapping, aggravated assault, aggravated sexual assault, sexual
	assault, continuous sexual abuse of young child or children,
	solicitation of a minor, forgery, deadly conduct, assault
	punishable as a Class A misdemeanor, burglary of a motor vehicle, or
	unauthorized use of a motor vehicle;
	(2)  any gambling offense punishable as a Class A
	misdemeanor;
	(3)  promotion of prostitution, aggravated promotion
	of prostitution, or compelling prostitution;
	(4)  unlawful manufacture, transportation, repair, or
	sale of firearms or prohibited weapons;
	(5)  unlawful manufacture, delivery, dispensation, or
	distribution of a controlled substance or dangerous drug, or
	unlawful possession of a controlled substance or dangerous drug
	through forgery, fraud, misrepresentation, or deception;
	(5-a)  causing the unlawful delivery, dispensation, or
	distribution of a controlled substance or dangerous drug in
	violation of Subtitle B, Title 3, Occupations Code;
	(6)  any unlawful wholesale promotion or possession of
	any obscene material or obscene device with the intent to wholesale
	promote the same;
	(7)  any offense under Subchapter B, Chapter 43,
	depicting or involving conduct by or directed toward a child
	younger than 18 years of age;
	(8)  any felony offense under Chapter 32;
	(9)  any offense under Chapter 36;
	(10)  any offense under Chapter 34, 35, or 35A;
	(11)  any offense under Section 37.11(a);
	(12)  any offense under Chapter 20A;
	(13)  any offense under Section 37.10;
	(14)  any offense under Section 38.06, 38.07, 38.09, or
	38.11;
	(15)  any offense under Section 42.10;
	(16)  any offense under Section 46.06(a) [46.06(a)(1)]
	or 46.14;
	(17)  any offense under Section 20.05 or 20.06; or
	(18)  any offense classified as a felony under the Tax
	Code.
	SECTION 4.  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 5.  This Act takes effect September 1, 2017.