87R1337 JSC-D     By: Geren H.B. No. 347       A BILL TO BE ENTITLED   AN ACT   relating to a false or misleading statement made to illegally   acquire a firearm; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 46.06(a) and (d), Penal Code, are   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)  knowingly makes a materially false or misleading   statement in providing information to a person for purposes of   complying with the national instant criminal background check   system in the manner required by 18 U.S.C. Section 922.          (d)  An offense under this section is a Class A misdemeanor,   except that:                (1)  an offense under Subsection (a)(2) is a state jail   felony if the weapon that is the subject of the offense is a   handgun; and                (2)  an offense under Subsection (a)(7) is a state jail   felony.          SECTION 2.  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 3.  This Act takes effect September 1, 2021.