89R1390 AJZ-D     By: Goodwin H.B. No. 874       A BILL TO BE ENTITLED   AN ACT   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.