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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of unlawful transfer of handguns and other |
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firearms and to the duties of certain entities with respect to |
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handgun licenses that are active, suspended, or revoked; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1805 to read as follows: |
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Sec. 411.1805. DATABASE OF SUSPENDED AND REVOKED LICENSES. |
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(a) The department shall maintain a current record of license |
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numbers with respect to each unexpired license to carry a handgun |
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that is suspended or revoked under this subchapter. |
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(b) Notwithstanding Section 411.192, the department shall |
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make available on the department's publicly accessible Internet |
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website a searchable database of license numbers that allows a |
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firearms dealer licensed under 18 U.S.C. Section 923 to determine |
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whether the person to whom a firearm is being transferred may use |
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the license as a permit described by 18 U.S.C. Section 922(t). The |
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department may not include any information that would otherwise |
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identify the person to whom the license was issued. |
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(c) Not later than the fifth working day after the |
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applicable period of suspension ends for a license, the department |
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shall update the database under Subsection (b) to reflect that the |
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license is no longer suspended. |
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(d) If a revoked license is reinstated, the department shall |
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update the database under Subsection (b) to reflect that |
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reinstatement not later than the fifth working day after the |
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reinstatement occurs. |
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(e) A firearms dealer licensed under 18 U.S.C. Section 923 |
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who transfers a firearm to a person who presents a license issued |
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under this subchapter is not subject to civil liability for failing |
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to perform an action described by Section 411.222(a) to verify the |
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validity of the person's license before the transfer. |
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(f) The department and each other state agency, and each |
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political subdivision of this state, are prohibited from collecting |
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or maintaining a record of information submitted for the purpose of |
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searching the database under Subsection (b), including information |
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that may indicate how frequently a particular license number has |
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been searched in the database. |
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(g) The director may adopt rules to implement this section. |
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SECTION 2. Section 411.186, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) If a peace officer believes a reason listed in |
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Subsection (a) to revoke a license exists, the officer shall |
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prepare an affidavit on a form provided by the department stating |
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the reason for the revocation of the license and giving the |
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department all of the information available to the officer at the |
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time of the preparation of the form. The officer shall attach the |
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officer's reports relating to the license holder to the form and |
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send the form and attachments to the appropriate division of the |
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department at its Austin headquarters not later than the fifth |
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working day after the date the form is prepared. The officer shall |
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send a copy of the form and the attachments to the license holder. |
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If the license holder has not surrendered the license or the license |
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was not seized as evidence or otherwise in conjunction with a legal |
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proceeding, the license holder shall surrender the license to the |
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appropriate division of the department not later than the 10th day |
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after the date the license holder receives the notice of revocation |
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from the department, unless the license holder requests a hearing |
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from the department. The license holder may request that the |
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justice court in the justice court precinct in which the license |
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holder resides review the revocation as provided by Section |
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411.180. If a request is made for the justice court to review the |
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revocation and hold a hearing, the license holder shall surrender |
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the license on the date an order of revocation is entered by the |
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justice court. |
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(b-1) If an officer of the court seizes or accepts surrender |
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of a license under Section 411.2065, the officer shall submit the |
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license to the department at its Austin headquarters not later than |
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the fifth working day after the date the license is seized or |
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surrendered. The officer shall include a copy of any court order, |
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judgment, or other documentation relevant to the reason for the |
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seizure or surrender of the license. |
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SECTION 3. Section 411.187, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) If a peace officer believes a reason listed in |
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Subsection (a) to suspend a license exists, the officer shall |
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prepare an affidavit on a form provided by the department stating |
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the reason for the suspension of the license and giving the |
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department all of the information available to the officer at the |
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time of the preparation of the form. The officer shall attach the |
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officer's reports relating to the license holder to the form and |
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send the form and the attachments to the appropriate division of the |
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department at its Austin headquarters not later than the fifth |
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working day after the date the form is prepared. The officer shall |
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send a copy of the form and the attachments to the license holder. |
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If the license holder has not surrendered the license or the license |
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was not seized as evidence or otherwise in conjunction with a legal |
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proceeding, the license holder shall surrender the license to the |
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appropriate division of the department not later than the 10th day |
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after the date the license holder receives the notice of suspension |
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from the department unless the license holder requests a hearing |
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from the department. The license holder may request that the |
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justice court in the justice court precinct in which the license |
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holder resides review the suspension as provided by Section |
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411.180. If a request is made for the justice court to review the |
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suspension and hold a hearing, the license holder shall surrender |
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the license on the date an order of suspension is entered by the |
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justice court. |
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(b-1) If an officer of the court seizes or accepts surrender |
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of a license under Section 411.2065, the officer shall submit the |
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license to the department at its Austin headquarters not later than |
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the fifth working day after the date the license is seized or |
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surrendered. The officer shall include a copy of any court order, |
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judgment, or other documentation relevant to the reason for the |
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seizure or surrender of the license. |
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SECTION 4. The heading to Section 411.206, Government Code, |
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is amended to read as follows: |
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Sec. 411.206. SEIZURE OF HANDGUN AND LICENSE BY PEACE |
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OFFICER. |
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SECTION 5. Section 411.206, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A peace officer may seize a license holder's suspended |
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or revoked license. A peace officer who seizes a license under this |
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subsection shall, not later than the fifth working day after the |
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date of the seizure, return the license to the department or, if the |
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officer seizes the license as evidence of an offense, notify the |
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department that the license was seized. |
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SECTION 6. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.2065 to read as follows: |
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Sec. 411.2065. SEIZURE OF LICENSE BY AND SURRENDER OF |
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LICENSE TO COURT OFFICER. (a) If a license holder is convicted of |
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or charged with an offense or becomes the subject of a protective |
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order and that conviction, charge, or order disqualifies the person |
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from possessing a firearm or continuing to hold a license under this |
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subchapter, an officer of the court shall accept voluntary |
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surrender of the license or otherwise seize the license, as |
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appropriate. |
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(b) An officer who seizes or accepts surrender of a license |
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under this section shall, not later than the fifth working day after |
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the date of the seizure or acceptance, submit to the department the |
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license and copies of the relevant court documentation as provided |
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by Section 411.186(b-1) or 411.187(b-1), as applicable. |
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SECTION 7. Chapter 411, Government Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS |
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Sec. 411.221. DEFINITIONS. In this subchapter: |
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(1) "License" means a license to carry a handgun |
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issued under Subchapter H. |
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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. 411.222. REQUIREMENTS FOR CERTAIN FIREARM TRANSFERS. |
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(a) Before a licensed firearms dealer transfers a firearm to a |
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person who presents an apparently valid unexpired license as a |
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permit described by 18 U.S.C. Section 922(t), the dealer shall |
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verify that the license is not currently suspended or revoked, |
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either by: |
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(1) direct communication with the department; or |
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(2) referencing the database of license numbers that |
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is maintained on the department's Internet website under Section |
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411.1805. |
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(b) Each time a licensed firearms dealer requests |
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information from the department to verify the validity of a |
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person's license under Subsection (a)(1) or (2), the department |
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shall provide the dealer with a unique identification number to |
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confirm that the request was made. |
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(c) If the licensed firearms dealer determines under |
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Subsection (a) that a person's license is suspended or revoked, the |
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dealer may transfer a firearm to the person after conducting a |
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national instant criminal background check in the manner required |
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by 18 U.S.C. Section 922 and verifying that the person may lawfully |
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possess a firearm. |
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(d) If the department is unable to immediately verify the |
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validity of a person's license under Subsection (a), the licensed |
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firearms dealer may proceed with the transfer and may treat the |
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license as a permit described by 18 U.S.C. Section 922(t). |
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SECTION 8. Not later than January 1, 2024, the Department of |
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Public Safety shall: |
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(1) establish the database required under Section |
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411.1805, Government Code, as added by this Act, and make the |
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database available on the department's Internet website; and |
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(2) notify each person in this state who is a licensed |
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firearms dealer under 18 U.S.C. Section 923, by e-mail or mail, of |
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the database established under Section 411.1805, Government Code, |
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as added by this Act, and include a link to the Internet website |
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where the database is posted. |
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SECTION 9. Subchapter H-1, Chapter 411, Government Code, as |
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added by this Act, applies only to a firearm transfer that occurs on |
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or after January 1, 2024. |
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SECTION 10. This Act takes effect September 1, 2023. |