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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain criminal offenses regarding |
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the acquisition of firearms, firearm and ammunition smuggling, and |
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terrorism. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 46.06, Penal Code, is |
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amended to read as follows: |
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Sec. 46.06. UNLAWFUL TRANSFER OR ACQUISITION OF CERTAIN |
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WEAPONS. |
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SECTION 2. Sections 46.06(a) and (d), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that the person to whom the handgun is to be |
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delivered intends to use it unlawfully or in the commission of an |
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unlawful act; |
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(2) intentionally or knowingly sells, rents, leases, |
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or gives or offers to sell, rent, lease, or give to any child |
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younger than 18 years of age any firearm, club, or |
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location-restricted knife; |
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(3) intentionally, knowingly, or recklessly sells a |
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firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(4) knowingly sells a firearm or ammunition for a |
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firearm to any person who has been convicted of a felony before the |
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fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(5) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that an active protective order is directed to |
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the person to whom the handgun is to be delivered; |
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(6) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a handgun while an active protective |
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order is directed to the actor; [or] |
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(7) while prohibited from possessing a firearm under |
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state or federal law, knowingly makes a material false statement on |
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a form that is: |
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(A) required by state or federal law for the |
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purchase, sale, or other transfer of a firearm; and |
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(B) submitted to a firearms dealer licensed under |
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18 U.S.C. Section 923; or |
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(8) acquires a firearm with intent to deliver the |
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firearm to a person knowing that the person to whom the firearm is |
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to be delivered is prohibited from possessing the firearm by state |
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law. |
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(d) An offense under this section is a Class A misdemeanor, |
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except that: |
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(1) an offense under Subsection (a)(2) is a state jail |
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felony if the weapon that is the subject of the offense is a |
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handgun; and |
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(2) an offense under Subsection (a)(7) or (8) is a |
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state jail felony. |
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SECTION 3. The heading to Section 46.14, Penal Code, is |
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amended to read as follows: |
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Sec. 46.14. FIREARM AND AMMUNITION SMUGGLING. |
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SECTION 4. Section 46.14(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person knowingly |
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engages in the business of transporting or transferring a firearm |
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or ammunition for a firearm that the person knows was acquired in |
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violation of the laws of any state or of the United States. For |
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purposes of this subsection, a person is considered to engage in the |
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business of transporting or transferring a firearm or ammunition |
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for a firearm if the person engages in that conduct: |
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(1) on more than one occasion; or |
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(2) for profit or any other form of remuneration. |
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SECTION 5. Section 76.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person: |
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(1) commits or conspires to commit an offense under: |
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(A) Chapter 19; |
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(B) Section 20.02; |
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(C) Section 20.03; |
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(D) Section 20.04; |
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(E) Section 20.06; |
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(F) [(D)] Section 20A.02; |
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(G) [(E)] Section 22.02; |
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(H) [(F)] Section 22.021; |
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(I) [(G)] Section 22.05, if punishable as a |
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felony; |
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(J) [(H)] Section 22.07, if punishable as a |
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felony; |
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(K) [(I)] Section 22.09; |
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(L) [(J)] Section 28.02; |
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(M) Section 28.03, if the offense was committed |
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using a firearm or explosive weapon, as those terms are defined by |
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Section 46.01; |
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(N) [(K)] Section 28.07, if punishable as a |
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felony; |
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(O) [(L)] Section 29.03; |
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(P) Section 32.43; |
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(Q) Section 32.51, if punishable as a felony of |
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the third degree or any higher category of offense; |
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(R) Section 33.02; |
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(S) Chapter 33A; |
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(T) Section 37.11(a), if the public servant the |
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actor impersonates or conspires to impersonate is a peace officer; |
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(U) [(M)] Section 38.152, if punishable as a |
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felony; [or] |
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(V) Section 46.05(a)(1)(A), (a)(1)(B), or |
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(a)(6); |
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(W) [(N)] Section 46.08; |
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(X) Section 46.09; or |
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(Y) Section 46.14; and |
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(2) commits or conspires to commit that offense with |
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the intent to: |
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(A) intimidate or coerce the public or a |
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substantial group of the public; or |
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(B) influence, by intimidation or coercion, the |
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policy, conduct, or activities of this state, a political |
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subdivision of this state, or the United States. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2025. |