HB1205 - Relating to the attempted acquisition of a firearm by a person prohibited from possessing a firearm.

      By: Hinojosa H.B. No. 1205       A BILL TO BE ENTITLED   AN ACT   relating to the 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 adding   Subsection (e) to read as follows:           (e)     A firearms dealer licensed under 18 U.S.C. Section 923   who declines to transfer a firearm to a prospective transferee in   this state 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   NOTIFICATION. (a) If the department receives a notification under   Section 46.06(e), Penal Code, from a firearms dealer licensed under   18 U.S.C. Section 923, 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.   As soon as practicable after the effective date   of this Act, the Department of Public Safety of the State of Texas   shall:                (1)  obtain from the Bureau of Alcohol, Tobacco,   Firearms and Explosives a list of firearms dealers in this state   licensed under 18 U.S.C. Section 923; and                (2)  notify each dealer of the reporting requirements   established by Section 46.06(e), Penal Code, as added by this Act.          SECTION 4.  This Act takes effect September 1, 2025.