88R3326 SHH-F
	By: Ordaz	H.B. No. 1616

	A BILL TO BE ENTITLED
	AN ACT
	relating to the acquisition or attempted acquisition of a firearm
	by a person prohibited from possessing a firearm; creating a
	criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.06, Penal Code, is amended by
	amending Subsections (a) and (d) and adding Subsection (e) 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;
	(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
	licensed under [, as defined by] 18 U.S.C. Section 923; or
	(8)  knowingly acquires or attempts to acquire a
	firearm while the actor is prohibited from possessing a firearm by a
	state law or a federal law other than 18 U.S.C. Section 922(g)(4).
	(d)  An offense under Subsection (a) [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.
	(e)  A firearms dealer licensed under 18 U.S.C. Section 923
	who declines to transfer a firearm to a prospective transferee
	because the National Instant Criminal Background Check System
	indicates that the prospective transferee is prohibited from
	possessing a firearm shall notify the Department of Public Safety.
	SECTION 2.  Subchapter D, Chapter 411, Government Code, is
	amended by adding Section 411.0525 to read as follows:
	Sec. 411.0525.  INVESTIGATION OF LICENSED FIREARMS DEALER
	NOTIFICATION. (a) If the department receives a notification under
	Section 46.06(e), Penal Code, from a firearms dealer licensed under
	18 U.S.C. Section 923, the department shall initiate an
	investigation.
	(b)  If the department's investigation under this section
	produces evidence that a person may have violated Section 46.06,
	Penal Code, the department shall refer the case to the appropriate
	local authorities for further investigation and possible
	prosecution.
	SECTION 3.  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 4.  This Act takes effect September 1, 2023.