Bill Text: TX HB1179 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the duties of certain law enforcement officials under procedures regulating the making or transfer of firearms.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-23 - Considered in Calendars [HB1179 Detail]
Download: Texas-2015-HB1179-Introduced.html
| 84R7955 MEW-F | ||
| By: Geren | H.B. No. 1179 | |
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| relating to the duties of certain law enforcement officials under | ||
| procedures regulating the making or transfer of firearms. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 411, Government Code, is amended by | ||
| adding Subchapter H-1 to read as follows: | ||
| SUBCHAPTER H-1. CERTIFICATION TO MAKE OR TRANSFER FIREARM | ||
| Sec. 411.221. DEFINITIONS. In this section: | ||
| (1) "Certification" means the process by which a chief | ||
| law enforcement officer provides the certificate required by 27 | ||
| C.F.R. Section 479.63 or 479.85 for the approval of an application | ||
| to make or transfer a firearm. | ||
| (2) "Chief law enforcement officer" means any law | ||
| enforcement official the Bureau of Alcohol, Tobacco, Firearms and | ||
| Explosives, or any of its successor agencies, identifies by | ||
| regulation or otherwise as eligible to provide a required | ||
| certification for the making or transfer of a firearm. | ||
| (3) "Firearm" has the meaning assigned by 26 U.S.C. | ||
| Section 5845(a). | ||
| Sec. 411.222. CERTIFICATION. (a) A chief law enforcement | ||
| officer shall provide certification not later than the 15th day | ||
| after the date of receipt of a request for certification unless the | ||
| chief law enforcement officer is unable to state on the certificate | ||
| that: | ||
| (1) the identification requirements of 27 C.F.R. | ||
| Section 479.63 or 479.85, as appropriate, are satisfied; or | ||
| (2) the officer has no information that: | ||
| (A) possession of a firearm by the maker or | ||
| transferee would violate state or local law; or | ||
| (B) the maker or transferee would use the firearm | ||
| for other than a lawful purpose. | ||
| (b) If the chief law enforcement officer is unable to | ||
| provide certification under Subsection (a), the chief law | ||
| enforcement officer shall provide the person who requested the | ||
| certification with a written notification of the denial, including | ||
| the reason for the denial under 27 C.F.R. Section 479.63 or 479.85. | ||
| Sec. 411.223. APPEAL FROM DENIAL. (a) If a chief law | ||
| enforcement officer denies a request for certification, the person | ||
| who requested the certification may appeal the chief law | ||
| enforcement officer's decision to the district court of the county | ||
| in which the person resides. | ||
| (b) The review of the chief law enforcement officer's | ||
| decision to deny the certification shall be by trial de novo. | ||
| (c) If the court finds that no substantial evidence supports | ||
| the chief law enforcement officer's determination that the chief | ||
| law enforcement officer cannot legally make the certification, the | ||
| court shall: | ||
| (1) order the chief law enforcement officer to issue | ||
| the certification; and | ||
| (2) award court costs and reasonable attorney's fees | ||
| to the person who requested the certification. | ||
| Sec. 411.224. IMMUNITY FROM LIABILITY. A chief law | ||
| enforcement officer or an employee of a chief law enforcement | ||
| officer who, in good faith, provides a certification as described | ||
| by Section 411.222 is immune from civil or criminal liability | ||
| resulting from the certification. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
