Bill Text: TX HB874 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to requiring a licensed firearms dealer to report certain sales or transfers of multiple semiautomatic rifles to law enforcement; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB874 Detail]
Download: Texas-2025-HB874-Introduced.html
89R1390 AJZ-D | ||
By: Goodwin | H.B. No. 874 |
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relating to requiring a licensed firearms dealer to report certain | ||
sales or transfers of multiple semiautomatic rifles to law | ||
enforcement; 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. REPORTS OF CERTAIN MULTIPLE SALES OR TRANSFERS OF | ||
SEMIAUTOMATIC RIFLES | ||
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) "Licensed firearms dealer" means a person who is | ||
licensed as a firearms dealer under 18 U.S.C. Section 923. | ||
Sec. 205.002. APPLICABILITY. This chapter applies only to | ||
a semiautomatic rifle that: | ||
(1) is capable of accepting a detachable magazine; and | ||
(2) has a caliber greater than .22. | ||
SUBCHAPTER B. REQUIRED REPORTING OF CERTAIN MULTIPLE SALES OR | ||
TRANSFERS OF SEMIAUTOMATIC RIFLES | ||
Sec. 205.051. REPORT BY LICENSED FIREARMS DEALER. (a) This | ||
section applies only to a sale or transfer of two or more | ||
semiautomatic rifles to which this chapter applies made to the same | ||
transferee, other than a licensed firearms dealer, on a single | ||
occasion or on more than one occasion during a period of five | ||
consecutive business days. | ||
(b) A licensed firearms dealer shall report to the | ||
department, in the form and manner prescribed by the department | ||
under Section 205.101, the multiple sales or transfers described by | ||
Subsection (a). | ||
(c) Before completing a sale or transfer of a semiautomatic | ||
rifle to which this chapter applies the licensed firearms dealer | ||
making the sale or transfer shall: | ||
(1) review the items in the current sale or transfer | ||
and any recent previous sales and transfers by the dealer to that | ||
transferee to determine whether the reporting duties of this | ||
subchapter apply to the dealer as a result of that sale or transfer; | ||
and | ||
(2) submit a report, if required, under Subsection | ||
(b). | ||
(d) A report submitted by a licensed firearms dealer to the | ||
department under this section is confidential and not subject to | ||
disclosure under Chapter 552, Government Code. | ||
Sec. 205.052. REPORT TO SHERIFF AND POLICE DEPARTMENT. (a) | ||
Not later than 24 hours after receiving a report from a licensed | ||
firearms dealer under Section 205.051(b), the department shall | ||
transmit the report to: | ||
(1) the sheriff of each county in which the applicable | ||
sales or transfers occurred; | ||
(2) the sheriff of the county in which the transferee | ||
resides; | ||
(3) if any of the applicable sales or transfers | ||
occurred in a municipality, the police department of each | ||
municipality in which the applicable sales or transfers occurred; | ||
and | ||
(4) if the transferee resides in a municipality, the | ||
police department of the municipality in which the transferee | ||
resides. | ||
(b) Information in a report submitted to a county sheriff or | ||
a police department under Subsection (a) is confidential and not | ||
subject to disclosure under Chapter 552, Government Code. | ||
Sec. 205.053. OFFENSE. (a) A licensed firearms dealer who, | ||
with criminal negligence, violates Section 205.051 commits an | ||
offense. | ||
(b) An offense under this section is a Class B misdemeanor. | ||
SUBCHAPTER C. FORMS | ||
Sec. 205.101. FORM FOR SUBMISSION OF LICENSED FIREARMS | ||
DEALER REPORT. (a) For purposes of the report required by Section | ||
205.051(b), the department shall require a licensed firearms dealer | ||
to use a form prescribed by the department. | ||
(b) The form prescribed under Subsection (a) must: | ||
(1) include: | ||
(A) the dates and locations of the applicable | ||
sales or transfers; | ||
(B) the number of semiautomatic rifles sold or | ||
transferred; | ||
(C) the identity and location of the licensed | ||
firearms dealer, including the locations where each applicable sale | ||
or transfer occurred; and | ||
(D) the identity of the transferee; and | ||
(2) require the licensed firearms dealer to submit a | ||
copy of the identification provided by the transferee for the | ||
purchase. | ||
(c) The department shall post on the department's publicly | ||
accessible Internet website: | ||
(1) the form required by this section; and | ||
(2) instructions for submitting the form and related | ||
documentation, including an e-mail address or electronic portal | ||
that may be used to submit the form and documentation. | ||
SECTION 2. Not later than September 1, 2025, the Department | ||
of Public Safety shall develop the form for reporting multiple | ||
semiautomatic rifle sales or transfers, as required by Section | ||
205.101, Business & Commerce Code, as added by this Act. | ||
SECTION 3. The change in law made by this Act applies only | ||
to the sale or transfer of a semiautomatic rifle that occurs on or | ||
after the effective date of this Act. A sale or transfer of a | ||
semiautomatic rifle that occurs before the effective date of this | ||
Act is governed by the law in effect immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 4. This Act takes effect September 1, 2025. |