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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a licensed firearms dealer to report certain |
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sales or transfers of multiple semiautomatic rifles to law |
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enforcement; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Business & Commerce Code, is amended by |
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adding Chapter 205 to read as follows: |
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CHAPTER 205. REPORTS OF CERTAIN MULTIPLE TRANSFERS OF |
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SEMIAUTOMATIC RIFLES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of Public Safety |
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of the State of Texas. |
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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. 205.002. APPLICABILITY. This chapter applies only to |
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a semiautomatic rifle that: |
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(1) is capable of accepting a detachable magazine; and |
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(2) has a caliber greater than .22. |
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SUBCHAPTER B. REQUIRED REPORTING OF CERTAIN MULTIPLE SALES OR |
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TRANSFERS OF SEMIAUTOMATIC RIFLES |
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Sec. 205.051. REPORT BY LICENSED FIREARMS DEALER. (a) This |
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section applies only to a sale or transfer of two or more |
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semiautomatic rifles to which this chapter applies made to the same |
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transferee, other than a licensed firearms dealer, on a single |
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occasion or on more than one occasion during a period of five |
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consecutive business days. |
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(b) A licensed firearms dealer shall report to the |
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department, in the form and manner prescribed by the department |
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under Section 205.101, the multiple sales or transfers described by |
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Subsection (a). |
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(c) Before completing a sale or transfer of a semiautomatic |
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rifle to which this chapter applies the licensed firearms dealer |
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making the sale or transfer shall: |
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(1) review the items in the current sale or transfer |
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and any recent previous sales and transfers by the dealer to that |
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transferee to determine whether the reporting duties of this |
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subchapter apply to the dealer as a result of that sale or transfer; |
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and |
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(2) submit a report, if required, under Subsection |
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(b). |
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(d) A report submitted by a licensed firearms dealer to the |
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department under this section is confidential and not subject to |
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disclosure under Chapter 552, Government Code. |
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Sec. 205.052. REPORT TO SHERIFF AND POLICE DEPARTMENT. (a) |
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Not later than 24 hours after receiving a report from a licensed |
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firearms dealer under Section 205.051(b), the department shall |
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transmit the report to: |
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(1) the sheriff of each county in which the applicable |
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sales or transfers occurred; |
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(2) the sheriff of the county in which the transferee |
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resides; |
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(3) if any of the applicable sales or transfers |
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occurred in a municipality, the police department of each |
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municipality in which the applicable sales or transfers occurred; |
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and |
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(4) if the transferee resides in a municipality, the |
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police department of the municipality in which the transferee |
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resides. |
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(b) Information in a report submitted to a county sheriff or |
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a police department under Subsection (a) is confidential and not |
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subject to disclosure under Chapter 552, Government Code. |
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Sec. 205.053. OFFENSE. (a) A licensed firearms dealer who, |
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with criminal negligence, violates Section 205.051 commits an |
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offense. |
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(b) An offense under this section is a Class B misdemeanor. |
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SUBCHAPTER C. FORMS |
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Sec. 205.101. FORM FOR SUBMISSION OF FIREARMS DEALER |
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REPORT. (a) For purposes of the report required by Section |
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205.051(b), the department shall require a licensed firearms dealer |
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to use a form prescribed by the department. |
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(b) The form prescribed under Subsection (a) must: |
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(1) include: |
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(A) the dates and locations of the applicable |
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sales or transfers; |
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(B) the number of semiautomatic rifles sold or |
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transferred; |
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(C) the identity and location of the licensed |
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firearms dealer, including the locations where each applicable |
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transfer occurred; and |
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(D) the identity of the transferee; and |
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(2) require the licensed firearms dealer to submit a |
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copy of the identification provided by the transferee for the |
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purchase. |
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(c) The department shall post on the department's publicly |
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accessible Internet website: |
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(1) the form required by this section; and |
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(2) instructions for submitting the form and related |
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documentation, including an e-mail address or electronic portal |
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that may be used to submit the form and documentation. |
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SECTION 2. Not later than September 1, 2023, the Department |
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of Public Safety shall develop the form for reporting multiple |
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semiautomatic rifle sales, as required by Section 205.101, Business & |
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Commerce Code, as added by this Act. |
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SECTION 3. The change in law made by this Act applies only |
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to the sale or transfer of a semiautomatic rifle that occurs on or |
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after the effective date of this Act. A sale or transfer of a |
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semiautomatic rifle that occurs before the effective date of this |
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Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |