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A BILL TO BE ENTITLED
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AN ACT
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relating to notifying state law enforcement of an attempted |
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acquisition of a firearm by a person prohibited from possessing a |
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firearm. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.06, Penal Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) A licensed firearms dealer under 18 U.S.C. Section 923 |
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who declines to transfer a firearm to a prospective transferee |
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because the National Instant Criminal Background Check System |
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indicates that the prospective transferee is prohibited from |
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possessing a firearm shall notify the Department of Public Safety. |
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SECTION 2. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.0525 to read as follows: |
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Sec. 411.0525. INVESTIGATION OF LICENSED FIREARMS DEALER |
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REPORT. (a) On receipt of a report under Section 46.06(e), Penal |
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Code, from a licensed firearms dealer under 18 U.S.C. Section 923, |
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the department shall initiate an investigation. |
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(b) If the department's investigation under this section |
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produces evidence that a person may have violated Chapter 46, Penal |
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Code, or other law relating to the possession or transfer of a |
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firearm, the department shall refer the case to the appropriate |
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local authorities for further investigation and possible |
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prosecution. |
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SECTION 3. 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 4. This Act takes effect September 1, 2021. |