By: Blanco	S.B. No. 162
	(In the Senate - Filed November 10, 2020; March 3, 2021,
	read first time and referred to Committee on State Affairs;
	April 22, 2021, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 7, Nays 2; April 22, 2021,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 162	By:  Powell

	A BILL TO BE ENTITLED
	AN ACT
	relating to a false statement made to illegally acquire a firearm;
	creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 46.06(a) and (d), Penal Code, are
	amended to read as follows:
	(a)  A person commits an offense if the person:
	(1)  sells, rents, leases, loans, or gives a handgun to
	any person knowing that the person to whom the handgun is to be
	delivered intends to use it unlawfully or in the commission of an
	unlawful act;
	(2)  intentionally or knowingly sells, rents, leases,
	or gives or offers to sell, rent, lease, or give to any child
	younger than 18 years of age any firearm, club, or
	location-restricted knife;
	(3)  intentionally, knowingly, or recklessly sells a
	firearm or ammunition for a firearm to any person who is
	intoxicated;
	(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;
	(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]
	(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; or
	(7)  while prohibited from possessing a firearm under
	state or federal law, knowingly makes a material false statement on
	a form that is:
	(A)  required by state or federal law for the
	purchase, sale, or other transfer of a firearm; and
	(B)  submitted to a licensed firearms dealer, as
	defined by 18 U.S.C. Section 923.
	(d)  An offense under this section is a Class A misdemeanor,
	except that:
	(1)  an offense under Subsection (a)(2) is a state jail
	felony if the weapon that is the subject of the offense is a
	handgun; and
	(2)  an offense under Subsection (a)(7) is a state jail
	felony.
	SECTION 2.  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 3.  This Act takes effect September 1, 2021.
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