HB3419 - Relating to the establishment of the Texas Do-Not-Sell Registry for firearms.

  89R12585 JSC-D     By: Garcia of Dallas H.B. No. 3419       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the Texas Do-Not-Sell Registry for   firearms.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 411, Government Code, is amended by   adding Subchapter H-1 to read as follows:   SUBCHAPTER H-1. TEXAS DO-NOT-SELL REGISTRY           Sec. 411.221.  DEFINITIONS. In this subchapter:                 (1)     "Firearm" has the meaning assigned by Section   46.01, Penal Code.                   (2)     "Registry" means the Texas Do-Not-Sell Registry   created by this subchapter.           Sec.   411.222.     REGISTRY OF INDIVIDUALS WAIVING RIGHT TO   PURCHASE OR RECEIVE TRANSFER OF FIREARM. (a)   The department shall   establish and maintain a secure electronic registry to collect and   store information regarding individuals who have voluntarily   waived the right to purchase or receive transfer of a firearm under   Section 411.224.           (b)     To be eligible to have the individual's waiver   information included in the registry, an individual must be:                 (1)  a resident of this state;                 (2)  at least 18 years of age; and                 (3)     not otherwise prohibited by state or federal law   from possessing a firearm.           Sec.   411.223.     TEMPORARY OR INDEFINITE WAIVER OF RIGHT TO   PURCHASE OR RECEIVE TRANSFER OF FIREARM.   An individual seeking to   restrict the individual's access to firearms may waive the   individual's right to purchase or receive transfer of a firearm:                 (1)     temporarily, with the restriction automatically   expiring on the 180th day after the date the waiver is submitted; or                 (2)     indefinitely, with the restriction ending only   when the waiver is revoked by the individual.           Sec.   411.224.     WAIVER PROCEDURE. (a)   An individual may   submit to the department, on a form prescribed by the department, a   waiver of the individual's right to purchase or receive transfer of   a firearm. The individual may submit the waiver form to the   department either in person or by mail and must include with the   form any supplemental materials required by the department under   Subsection (d) to ensure accuracy of information on the form.           (b)     The waiver form must require the individual to provide   information sufficient to enable the department to:                 (1)  verify the individual's identity; and                 (2)     submit the information to the Federal Bureau of   Investigation for use with the National Instant Criminal Background   Check System.           (c)     The waiver form must allow the individual to specify   whether the individual is waiving the right to purchase or receive   transfer of a firearm temporarily or indefinitely, as provided by   Section 411.223.           (d)     The department by rule shall require an individual to   submit a copy of the individual's government-issued photo   identification with the waiver form and may require any other   supplemental materials to ensure accuracy of information on the   form. The waiver form must include instructions on which   supplemental materials should accompany the waiver form, if any.           (e)     In addition to other requirements specified by   department rule, the waiver form must contain the following   prominently displayed statement:           "BECAUSE YOU HAVE SUBMITTED THIS WAIVER, YOUR INFORMATION   WILL BE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK   SYSTEM WHICH WILL PREVENT YOU FROM PURCHASING OR RECEIVING TRANSFER   OF ANY FIREARMS WHILE THE WAIVER IS IN EFFECT. YOU MAY VOLUNTARILY   REVOKE THIS WAIVER BY SUBMITTING A REVOCATION FORM TO THE TEXAS   DEPARTMENT OF PUBLIC SAFETY AFTER THE APPROPRIATE WAITING PERIOD."           (f)     In submitting the waiver, the individual may provide the   name and contact information of a third person to be notified if the   individual revokes the waiver or attempts to purchase or receive   transfer of a firearm while the waiver is in effect.           (g)     The fact that an individual has submitted a waiver under   this section or is listed in the voluntary registry does not in   itself prohibit the individual from possessing a firearm under   state law.           (h)     A waiver under this subchapter is valid only if the   waiver:                 (1)     is submitted by an individual described by Section   411.222(b) for the purpose of waiving that individual's right to   purchase or receive transfer of a firearm;                 (2)     provides all of the information required to be   included on the waiver form under Subsection (b); and                 (3)     includes any supplemental materials required   under Subsection (d).           Sec.   411.225.     ADDITION TO REGISTRY AND NATIONAL INSTANT   CRIMINAL BACKGROUND CHECK SYSTEM. (a)   Not later than 24 hours   after the department receives a waiver form and any accompanying   materials, the department shall determine whether the waiver is   valid and meets the requirements of Section 411.224(h).           (b)     If the department determines that the submitted waiver   is valid, the department shall:                 (1)     provide the information from the waiver to the   Federal Bureau of Investigation for use with the National Instant   Criminal Background Check System;                 (2)     notify the individual by mail that the   individual's information has been submitted for inclusion in the   National Instant Criminal Background Check System; and                 (3)     as applicable, suspend the individual's license to   carry a handgun under Subchapter H.           (c)     If the department determines that the submitted waiver   is not valid, the department shall provide to the individual by   mail, as applicable:                 (1)     notice that there is a deficiency in the waiver   form or in the supplemental materials submitted with the waiver   form, which must include instructions that will assist the   individual in correcting the deficiency; or                 (2)     notice that the individual is not eligible to have   the individual's information included on the registry.           Sec.   411.226.     REMOVAL ON EXPIRATION OF TEMPORARY WAIVER.   (a)   If the department receives a temporary waiver described by   Section 411.223(1), on the 180th day after the date the waiver was   submitted, the department shall:                 (1)     contact the Federal Bureau of Investigation to   request the removal of the individual's information from the   National Instant Criminal Background Check System;                 (2)     remove the individual's information from the   voluntary registry; and                 (3)     as applicable, reinstate the individual's license   to carry a handgun under Subchapter H if the individual is otherwise   eligible to hold the license.           (b)     At least 30 days before the expiration of a temporary   waiver described by Section 411.223(1), the department shall notify   the person who submitted the waiver that the waiver is about to   expire.           Sec.   411.227.     REVOCATION OF WAIVER; REMOVAL FROM REGISTRY.     (a)   An individual who has previously submitted a valid waiver to   the department and whose information has been included in the   registry may revoke the waiver under this subchapter in person or by   mail by submitting a revocation to the department on a form   prescribed by the department.           (b)     An individual who has submitted a temporary waiver   described by Section 411.223(1) may submit a revocation form not   earlier than the 30th day after the date the waiver was submitted.   An individual who submitted an indefinite waiver described by   Section 411.223(2) may submit a revocation form not earlier than   the 90th day after the date the waiver was submitted.           (c)     The revocation form must require the individual to   provide information sufficient to enable the department to verify   that the individual submitting the revocation form is the same   individual who submitted the waiver.           (d)     As soon as practicable after the department receives a   revocation form, the department shall determine if the revocation   is valid.           (e)     If the department determines that the submitted   revocation is valid, the department shall notify both the   individual who submitted the revocation form and the third person   designated with the submission of the waiver under Section   411.224(f), if applicable:                 (1)     that the department has received a revocation   form; and                 (2)     of the date by which the department will provide   the information from the form to the Federal Bureau of   Investigation to enable that agency to remove the individual's   information from the National Instant Criminal Background Check   System.           (f)     If the department determines that the submitted   revocation is not valid, the department shall provide to the   individual by mail:                 (1)  notice that the revocation is deficient; and                 (2)     instructions that will assist the individual in   correcting the deficiency.           (g)  A revocation under this subchapter is valid only if:                 (1)     the individual requesting the revocation submits   the revocation form as required by the department;                 (2)     the revocation form provides all of the   information required to be included on the form by the department;   and                 (3)     the department is able to verify the individual's   identity through the information provided on the revocation form.           (h)     Not later than the third business day after the date the   department receives a valid revocation form, the department shall:                 (1)     provide the information from the form to the   Federal Bureau of Investigation to enable that agency to remove the   individual's information from the National Instant Criminal   Background Check System;                 (2)     remove the individual's information from the   voluntary registry; and                 (3)     as applicable, reinstate the individual's license   to carry a handgun under Subchapter H if the individual is otherwise   eligible to hold the license.         &# [Text truncated for display. 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