Bill Text: TX SB1478 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the establishment of the Texas Do-Not-Sell Registry for firearms; creating criminal offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-24 - Referred to State Affairs [SB1478 Detail]

Download: Texas-2021-SB1478-Introduced.html

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87R6907 EAS-F
By: Johnson S.B. No. 1478

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Do-Not-Sell Registry for
firearms; creating criminal offenses.
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. TEXAS DO-NOT-SELL REGISTRY
Sec. 411.221. DEFINITIONS. In this subchapter:
(1) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(2) "Registry" means the Texas Do-Not-Sell Registry
created by this subchapter.
Sec. 411.222. REGISTRY OF INDIVIDUALS WAIVING RIGHT TO
PURCHASE OR RECEIVE TRANSFER OF FIREARM. (a) The department shall
establish and maintain a secure electronic registry to collect and
store information regarding individuals who have voluntarily
waived the right to purchase or receive transfer of a firearm under
Section 411.223.
(b) To be eligible to have the individual's waiver
information included in the registry, an individual must be:
(1) a resident of this state;
(2) at least 18 years of age; and
(3) not otherwise prohibited by state or federal law
from possessing a firearm.
Sec. 411.223. WAIVER OF RIGHT TO PURCHASE OR RECEIVE
TRANSFER OF FIREARM. (a) An individual may submit to the
department, on a form prescribed by the department, a waiver of the
individual's right to purchase or receive transfer of a firearm.
The individual may submit the waiver form to the department either
in person or by mail and must include with the form any supplemental
materials required by the department under Subsection (c) to ensure
accuracy of information on the form.
(b) The waiver form must require the individual to provide
information sufficient to enable the department to:
(1) verify the individual's identity; and
(2) submit the information to the Federal Bureau of
Investigation for use with the National Instant Criminal Background
Check System.
(c) The department by rule shall require an individual to
submit a copy of the individual's government-issued photo
identification with the waiver form and may require any other
supplemental materials to ensure accuracy of information on the
form. The waiver form must include instructions on which
supplemental materials should accompany the waiver form, if any.
(d) In addition to other requirements specified by
department rule, the waiver form must contain the following
prominently displayed statement:
"BECAUSE YOU HAVE SUBMITTED THIS WAIVER, YOUR INFORMATION
WILL BE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM WHICH WILL PREVENT YOU FROM PURCHASING OR RECEIVING TRANSFER
OF ANY FIREARMS WHILE THE WAIVER IS IN EFFECT. YOU MAY VOLUNTARILY
REVOKE THIS WAIVER AT ANY TIME BY SUBMITTING A REVOCATION FORM TO
THE TEXAS DEPARTMENT OF PUBLIC SAFETY."
(e) In submitting the waiver, the individual may provide the
name and contact information of a third person to be notified if the
individual revokes the waiver.
(f) The fact that an individual has submitted a waiver under
this section or is listed in the voluntary registry does not in
itself prohibit the individual from possessing a firearm under
state law.
(g) A waiver under this subchapter is valid only if the
waiver:
(1) is submitted by an individual described by Section
411.222(b) for the purpose of waiving that individual's right to
purchase or receive transfer of a firearm;
(2) provides all of the information required to be
included on the waiver form under Subsection (b); and
(3) includes any supplemental materials required
under Subsection (c).
Sec. 411.224. ADDITION TO REGISTRY AND NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM. (a) As soon as practicable after
the department receives a waiver form and any accompanying
materials, the department shall determine whether the waiver is
valid and meets the requirements of Section 411.223(g).
(b) If the department determines that the submitted waiver
is valid, the department shall:
(1) provide the information from the waiver to the
Federal Bureau of Investigation for use with the National Instant
Criminal Background Check System; and
(2) notify the individual by mail that the
individual's information has been submitted for inclusion in the
National Instant Criminal Background Check System.
(c) If the department determines that the submitted waiver
is not valid, the department shall provide to the individual by
mail, as applicable:
(1) notice that there is a deficiency in the waiver
form or in the supplemental materials submitted with the waiver
form, which must include instructions that will assist the
individual in correcting the deficiency; or
(2) notice that the individual is not eligible to be
included on the registry.
Sec. 411.225. REVOCATION OF WAIVER; REMOVAL FROM REGISTRY.
(a) An individual who has previously submitted a valid waiver to
the department and whose information has been included in the
registry may revoke the waiver under this subchapter in person or by
mail by submitting a revocation to the department on a form
prescribed by the department.
(b) The revocation form must require the individual to
provide information sufficient to enable the department to verify
that the individual submitting the revocation form is the same
individual who submitted the waiver.
(c) As soon as practicable after the department receives a
revocation form, the department shall determine if the revocation
is valid.
(d) If the department determines that the submitted
revocation is valid, the department shall notify both the
individual who submitted the revocation form and the third person
designated with the submission of the waiver under Section
411.223(e), if applicable:
(1) that the department has received a revocation
form; and
(2) of the date by which the department will provide
the information from the form to the Federal Bureau of
Investigation to enable that agency to remove the individual's
information from the National Instant Criminal Background Check
System.
(e) If the department determines that the submitted
revocation is not valid, the department shall provide to the
individual by mail:
(1) notice that the revocation is deficient; and
(2) instructions that will assist the individual in
correcting the deficiency.
(f) A revocation under this subchapter is valid only if:
(1) the individual requesting the revocation submits
the revocation form as required by the department;
(2) the revocation form provides all of the
information required to be included on the form by the department;
and
(3) the department is able to verify the individual's
identity through the information provided on the revocation form.
(g) Except as provided by Subsection (h), as soon as
practicable after the date the department receives a valid
revocation form, the department shall:
(1) provide the information from the form to the
Federal Bureau of Investigation to enable that agency to remove the
individual's information from the National Instant Criminal
Background Check System; and
(2) remove the individual's information from the
voluntary registry.
(h) The department may not remove information about an
individual from the voluntary registry or submit that individual's
information to the Federal Bureau of Investigation before the 10th
day after the date the individual submitted a waiver for inclusion
in the registry, regardless of whether a revocation of the waiver is
submitted before the expiration of that period.
Sec. 411.226. WAIVERS AND REVOCATIONS BY OTHER INDIVIDUALS
NOT PERMITTED. (a) An individual may not submit a waiver or
revocation form under this subchapter on behalf of another
individual, regardless of the relationship between the
individuals.
(b) The department may not add or remove an individual's
information from the registry based on a waiver or revocation form,
as applicable, that is submitted by another individual.
Sec. 411.227. MULTIPLE WAIVERS AND REVOCATIONS PERMITTED.
An individual may make one or more waivers or revocations of waiver
under this subchapter, as the individual considers necessary or
appropriate.
Sec. 411.228. AVAILABILITY OF FORMS. The department shall
make available the waiver form described by Section 411.223 and the
revocation form described by Section 411.225 on the department's
Internet website. The Internet website must include clear
instructions for:
(1) completing and submitting a waiver or revocation
form; and
(2) submitting with the waiver any supplemental
materials needed to ensure accuracy of information on the waiver
form.
Sec. 411.229. CONFIDENTIALITY AND DISCLOSURE OF
INFORMATION. (a) Except as provided by Subsection (b),
information maintained by the department regarding an individual
who has voluntarily waived the right to purchase or receive
transfer of a firearm under this subchapter:
(1) is confidential and not subject to disclosure
under Chapter 552; and
(2) may only be disclosed to:
(A) a law enforcement officer in connection with
a prospective transfer of a firearm; or
(B) the individual who is the subject of the
information in the form.
(b) The department may release anonymized statistics
regarding:
(1) the number of individuals who submitted waivers
under Section 411.223 for inclusion on the registry;
(2) the number of individuals who submitted
revocations under Section 411.225 for removal of their information
from the registry; and
(3) the number of individuals whose information is
currently included in the registry.
Sec. 411.230. OFFENSE: SUBMITTING INFORMATION ON BEHALF OF
ANOTHER. (a) A person commits an offense if the person knowingly
submits to the department:
(1) a waiver under Section 411.223 to add the
information of another individual to the registry; or
(2) a revocation under Section 411.225 to remove the
information of another individual from the registry.
(b) An offense under this section is a Class A misdemeanor.
Sec. 411.231. OFFENSE: DISCRIMINATION. (a) A person
commits an offense if the person for any reason discriminates
against an individual with respect to employment, housing,
education, public benefits, insurance, or any other benefit or
service because of the individual's perceived status as:
(1) a person listed in the registry; or
(2) a person not listed in the registry.
(b) An offense under this section is a Class A misdemeanor.
Sec. 411.232. OFFENSE: REQUIRING REGISTRATION OR
REVOCATION OF REGISTRATION. (a) A person commits an offense if the
person requires, as a condition for employment, housing, education,
public benefits, insurance, or any other benefit or service, the
individual to disclose or modify the individual's status as:
(1) a person listed in the registry; or
(2) a person not listed in the registry.
(b) An offense under this section is a Class A misdemeanor.
Sec. 411.233. CONSIDERATION IN LEGAL PROCEEDINGS
PROHIBITED. A court may not consider a waiver or revocation under
this subchapter as evidence in any legal proceeding other than in
the prosecution of an offense under Section 46.06(a)(7), Penal
Code, or an offense under this subchapter.
Sec. 411.234. RULES. (a) The director shall adopt rules to
establish and maintain the secure electronic registry, including
rules prescribing the forms necessary for submission or revocation
of a waiver described by this subchapter. The rules may not
establish any eligibility requirements to submit a waiver or
revocation form other than the requirements under this subchapter.
(b) The department by rule shall establish procedures that
will enable the department to provide information from a waiver
form under Section 411.223 or a revocation form under Section
411.225 to the Federal Bureau of Investigation for use with the
National Instant Criminal Background Check System.
(c) The department by rule shall establish a procedure to
correct department records as necessary to accurately reflect an
individual's waiver status and a procedure to transmit the
corrected records to the Federal Bureau of Investigation.
SECTION 2. Section 51.9194(a), Education Code, is amended
to read as follows:
(a) A general academic teaching institution shall provide
to each entering full-time undergraduate, graduate, or
professional student, including each full-time undergraduate,
graduate, or professional student who transfers to the institution,
information about:
(1) available mental health and suicide prevention
services offered by the institution or by any associated
organizations or programs; [and]
(2) an individual's ability to voluntarily waive the
right to purchase or receive transfer of a firearm through the
registry created under Subchapter H-1, Chapter 411, Government
Code; and
(3) early warning signs that are often present in and
appropriate intervention for a person who may be considering
suicide.
SECTION 3. Section 1001.072, Health and Safety Code, is
amended to read as follows:
Sec. 1001.072. GENERAL POWERS AND DUTIES OF DEPARTMENT
RELATED TO MENTAL HEALTH. The department is responsible for
administering human services programs regarding mental health,
including:
(1) administering and coordinating mental health
services at the local and state level;
(2) operating the state's mental health facilities;
[and]
(3) incorporating an individual's ability to
voluntarily waive the right to purchase or receive transfer of a
firearm under Subchapter H-1, Chapter 411, Government Code, into
department training, curriculum, guidance, or other standards
relating to suicide prevention; and
(4) inspecting, licensing, and enforcing regulations
regarding mental health facilities, other than long-term care
facilities regulated by the Health and Human [Department of Aging
and Disability] Services Commission.
SECTION 4. Section 46.06(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to
any person knowing that the person to whom the handgun is to be
delivered intends to use it unlawfully or in the commission of an
unlawful act;
(2) intentionally or knowingly sells, rents, leases,
or gives or offers to sell, rent, lease, or give to any child
younger than 18 years of age any firearm, club, or
location-restricted knife;
(3) intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
intoxicated;
(4) knowingly sells a firearm or ammunition for a
firearm to any person who has been convicted of a felony before the
fifth anniversary of the later of the following dates:
(A) the person's release from confinement
following conviction of the felony; or
(B) the person's release from supervision under
community supervision, parole, or mandatory supervision following
conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to
any person knowing that an active protective order is directed to
the person to whom the handgun is to be delivered; [or]
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a handgun while an active protective
order is directed to the actor; or
(7) is a licensed firearms dealer and sells or
otherwise transfers a firearm to a person the dealer knows is listed
in the voluntary registry created under Subchapter H-1, Chapter
411, Government Code.
SECTION 5. Section 46.06(b), Penal Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Licensed firearms dealer" means a person who is
licensed as a firearms dealer under 18 U.S.C. Section 923.
SECTION 6. (a) Not later than September 1, 2022, the
Department of Public Safety of the State of Texas shall:
(1) develop and make available the waiver and
revocation forms and create the voluntary registry required by
Subchapter H-1, Chapter 411, Government Code, as added by this Act;
(2) adopt the procedures regarding submitting
information under Subchapter H-1, Chapter 411, Government Code, as
added by this Act, to the Federal Bureau of Investigation for use
with the National Instant Criminal Background Check System; and
(3) adopt procedures regarding correcting department
records of individuals listed in the voluntary registry under
Subchapter H-1, Chapter 411, Government Code, as added by this Act.
(b) Not later than September 1, 2022, the Texas Board of
Nursing, the Texas Medical Board, and the Texas Behavioral Health
Executive Council shall notify all individuals licensed by those
entities of the existence of the voluntary registry created under
Subchapter H-1, Chapter 411, Government Code, as added by this Act.
(c) Section 46.06(a), Penal Code, as amended by this Act,
applies only to a sale or other transfer of a firearm that occurs on
or after September 1, 2022.
SECTION 7. This Act takes effect September 1, 2021.