89R3415 AJZ-F     By: Bernal H.B. No. 828       A BILL TO BE ENTITLED   AN ACT   relating to the creation of certain criminal offenses concerning   firearm sales at gun shows; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 46.01, Penal Code, is amended by adding   Subdivisions (21) and (22) to read as follows:                (21)  "Gun show" means a place other than a permanent   retail store, including a driveway, sidewalk or walkway, parking   lot, or other parking area, or an event at which:                      (A)  three or more individuals assemble to display   firearms or firearm components to the public; and                      (B)  a fee is charged for the privilege of   displaying the firearms or firearm components or a fee is charged   for admission to the area where the firearms or components are   displayed.                (22)  "Gun show promoter" means a person who organizes,   plans, promotes, or operates a gun show.          SECTION 2.  Chapter 46, Penal Code, is amended by adding   Sections 46.065 and 46.066 to read as follows:          Sec. 46.065.  CERTAIN REQUIREMENTS RELATING TO SALES AT GUN   SHOWS. (a) A person commits an offense if the person knowingly   sells a firearm to another person in exchange for money or other   consideration at a gun show without complying with the National   Instant Criminal Background Check System in the manner required by   18 U.S.C. Section 922 before completing the sale. A person who   conducts a criminal background check as required by this subsection   may charge a fee in an amount equal to the cost incurred by the   person to obtain the background check.          (b)  A person commits an offense if the person knowingly   sells a firearm to another person in exchange for money or other   consideration at a gun show and the person does not maintain a   record of the sale.          (c)  It is an exception to the application of Subsection (a)   that the person to whom the firearm is sold is:                (1)  a peace officer; or                (2)  a person who is licensed to carry a handgun under   Subchapter H, Chapter 411, Government Code.          (d)  An offense under this section is a Class A misdemeanor.          Sec. 46.066.  CERTAIN REQUIREMENTS RELATING TO GUN SHOW   PROMOTER. (a) A gun show promoter commits an offense if the   promoter, with criminal negligence, permits the sale of a firearm   to a person at a gun show organized, planned, promoted, or operated   by the promoter without complying with the National Instant   Criminal Background Check System in the manner required by 18   U.S.C. Section 922 before completion of the sale.          (b)  It is an exception to the application of Subsection (a)   that the person to whom the firearm is sold is:                (1)  a peace officer; or                (2)  a person who is licensed to carry a handgun under   Subchapter H, Chapter 411, Government Code.          (c)  Not later than the 30th day before the date on which a   gun show is held, the gun show promoter shall provide written notice   of the date, time, and place of the gun show to the local law   enforcement agency of the county or municipality in which the gun   show will be held.          (d)  A gun show promoter shall conduct, or arrange for a   person who is a licensed firearms dealer under 18 U.S.C. Section 923   to conduct, an instant criminal background check in the manner   required by 18 U.S.C. Section 922 on any person who purchases a   firearm at a gun show organized, planned, promoted, or operated by   the promoter from another person who is not a licensed firearms   dealer under 18 U.S.C. Section 923. A person who conducts a   criminal background check as required by this subsection may charge   a fee in an amount equal to the cost incurred by the person to obtain   the background check.          (e)  A gun show promoter shall prominently post a notice in a   form prescribed by the Department of Public Safety stating the   requirements under this section and Section 46.065 relating to an   instant criminal background check.          (f)  A gun show promoter commits an offense if the promoter   violates Subsection (c), (d), or (e).          (g)  An offense under this section is a Class A misdemeanor.          (h)  If conduct constituting an offense under this section   also constitutes an offense under Section 46.065, the actor may be   prosecuted under either section or under both sections.          SECTION 3.  The change in law made by Section 46.066(c),   Penal Code, as added by this Act, applies only to a gun show held on   or after October 1, 2025.          SECTION 4.  This Act takes effect September 1, 2025.