85R13338 JSC-F     By: Hinojosa H.B. No. 4200       A BILL TO BE ENTITLED   AN ACT   relating to the acquisition or attempted acquisition of a firearm   by a person prohibited from possessing a firearm.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 46.06, Penal Code, is amended by   amending Subsection (a) and adding Subsection (e) 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 any firearm, club, or illegal 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)  knowingly acquires or attempts to acquire a   firearm, while the actor is prohibited from possessing a firearm by   state or federal law.          (e)  A licensed firearms dealer under the Brady Handgun   Violence Prevention Act, 18 U.S.C. Section 922, who declines to   transfer a firearm to a prospective transferee because the National   Instant Criminal Background Check System indicates that the   prospective transferee is prohibited from possessing a firearm   shall notify the Department of Public Safety.          SECTION 2.  Subchapter D, Chapter 411, Government Code, is   amended by adding Section 411.0525 to read as follows:          Sec. 411.0525.  INVESTIGATION OF LICENSED FIREARMS DEALER   REPORT. (a)  If the department receives a report under Section   46.06(e), Penal Code, from a licensed firearms dealer under the   Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, that   a person prohibited from possessing a firearm has attempted to   acquire a firearm, the department shall initiate an investigation.          (b)  If the department's investigation under this section   produces evidence that a person may have violated Section 46.06,   Penal Code, the department shall refer the case to the appropriate   local authorities for further investigation and possible   prosecution.          SECTION 3.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 4.  This Act takes effect September 1, 2017.