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 |
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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. |