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A BILL TO BE ENTITLED
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AN ACT
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relating to the attempted acquisition of a firearm by a person |
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prohibited from possessing a 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 firearms dealer licensed under 18 U.S.C. Section 923 |
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who declines to transfer a firearm to a prospective transferee in |
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this state because the National Instant Criminal Background Check |
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System 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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NOTIFICATION. (a) If the department receives a notification under |
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Section 46.06(e), Penal Code, from a firearms dealer licensed under |
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18 U.S.C. Section 923, the department shall initiate an |
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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 Section 46.06, |
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Penal Code, 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. As soon as practicable after the effective date |
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of this Act, the Department of Public Safety of the State of Texas |
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shall: |
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(1) obtain from the Bureau of Alcohol, Tobacco, |
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Firearms and Explosives a list of firearms dealers in this state |
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licensed under 18 U.S.C. Section 923; and |
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(2) notify each dealer of the reporting requirements |
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established by Section 46.06(e), Penal Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |