Bill Text: TX HB22 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to requiring the report of certain sales of multiple firearms and multiple firearm magazines; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2023-04-19 - Left pending in committee [HB22 Detail]

Download: Texas-2023-HB22-Introduced.html
 
 
  By: Moody H.B. No. 22
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring the report of certain sales of multiple
  firearms and multiple firearm magazines; creating a criminal
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 6, Business & Commerce Code, is amended by
  adding Chapter 205 to read as follows:
  CHAPTER 205. REPORTING OF CERTAIN SALES OF MULTIPLE FIREARMS AND
  MULTIPLE FIREARM MAGAZINES
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 205.001.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Department of Public Safety
  of the State of Texas.
               (2)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code.
               (3)  "Multiple firearm sales report" means the form
  described by Section 205.101, Business & Commerce Code.
               (4)  "Retailer" has the meaning assigned by Section
  151.008, Tax Code.
  SUBCHAPTER B. REPORTING REQUIREMENTS
         Sec. 205.051.  REPORTING OF CERTAIN SALES REQUIRED. (a) A
  multiple firearm sales report is required when a retailer sells or
  otherwise transfers to the same buyer or transferee within five
  consecutive days:
               (1)  more than one firearm; or
               (2)  more than three detachable firearm magazines,
  other than detachable firearm magazines originally packaged with a
  firearm by the manufacturer that are sold or otherwise transferred
  with the firearm.
         (b)  The multiple firearm sales report shall be transmitted
  to the department before completing a sale or transfer described by
  Subsection (a).
         (c)  Within 24 hours after receiving a multiple firearm sales
  report, the department shall transmit it to the sheriff of the
  county in which the retailer operates and the sheriff of the county
  in which the buyer or transferee resides.
         Sec. 205.052.  FAILURE TO REPORT; OFFENSE. (a) A person who
  intentionally, knowingly, recklessly, or with criminal negligence
  fails to transmit a multiple firearm sales report as required by
  this subchapter commits an offense.
         (b)  An offense under this section is a class B misdemeanor.
  SUBCHAPTER C. MULTIPLE FIREARM SALES REPORT FORM
         Sec. 205.101.  FORM. (a) Not later than September 1, 2023,
  the department shall develop a form for making a multiple firearm
  sales report.
         (b)  The form shall identify the dates and locations of the
  sales or transfers, the firearms or detachable magazines sold or
  transferred, and the identity of the retailer and the buyer or
  transferee, including a copy of the identification provided by the
  buyer or transferee.
         (c)  When the form required by this section is developed, the
  department shall post it on the department's internet website. The
  post shall include an email address or electronic portal for
  submitting the form and instructions for doing so.
         Sec. 205.102.  CONFIDENTIALITY. Multiple firearm sales
  reports are confidential.
         SECTION 2.  This Act takes effect September 1, 2023.
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