DPS must investigate every refusal and send cases with evidence to local authorities.
The bill requires federally licensed gun dealers to tell the Department of Public Safety when they refuse to sell a gun because the federal background check says the buyer cannot legally have one. DPS must open an investigation on every such notice and send cases with evidence of a violation of Section 46.06 of the Penal Code to local authorities for possible prosecution. DPS must also get a list of licensed dealers in Texas from the federal firearms bureau and tell each dealer about the new reporting rule, starting September 1, 2025.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 1779 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 1779 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the House Homeland Security, Public Safety & Veterans' Affairs committee. No public hearing. The bill died.
relating to the attempted acquisition of a firearm by a person
prohibited from possessing a firearm.
WHAT IT DOES
DPS must investigate every refusal and send cases with evidence to local authorities.
The bill requires federally licensed gun dealers to tell the Department of Public Safety when they refuse to sell a gun because the federal background check says the buyer cannot legally have one. DPS must open an investigation on every such notice and send cases with evidence of a violation of Section 46.06 of the Penal Code to local authorities for possible prosecution. DPS must also get a list of licensed dealers in Texas from the federal firearms bureau and tell each dealer about the new reporting rule, starting September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No fiscal note in the loaded record.
HISTORY
Filed
Read first time
Referred to Homeland Security, Public Safety & Veterans' Affairs
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Homeland Security, Public Safety & Veterans' Affairs · Final status: Died in committee
Subjects
Weapons
PUBLIC SAFETY, DEPARTMENT OF
Text
The text as introduced · 273 words
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.