Garcia Bill Lets You Block Your Own Gun Purchases

The text as introduced · 2,086 words

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.

Sec. 411.228. WAIVERS AND REVOCATIONS BY OTHER INDIVIDUALS

NOT PERMITTED. (a) An individual may not submit a waiver or

revocation form under this subchapter on behalf of another

individual, regardless of the relationship between the

individuals.

(b) The department may not add or remove an individual's

information from the registry based on a waiver or revocation form,

as applicable, that is submitted by another individual.

Sec. 411.229. MULTIPLE WAIVERS AND REVOCATIONS PERMITTED.

An individual may make one or more waivers or revocations of waiver

under this subchapter, as the individual considers necessary or

appropriate.

Sec. 411.230. AVAILABILITY OF FORMS. The department shall

make available the waiver form described by Section 411.224 and the

revocation form described by Section 411.227 on the department's

Internet website. The Internet website must include clear

instructions for:

(1) completing and submitting a waiver or revocation

form; and

(2) submitting with the waiver any supplemental

materials needed to ensure accuracy of information on the waiver

form.

Sec. 411.231. CONFIDENTIALITY AND DISCLOSURE OF

INFORMATION. (a) Except as provided by Subsection (b),

information maintained by the department regarding an individual

who has voluntarily waived the right to purchase or receive

transfer of a firearm under this subchapter:

(1) is confidential and not subject to disclosure

under Chapter 552; and

(2) may only be disclosed to:

(A) a law enforcement officer in connection with

a prospective transfer of a firearm; or

(B) the individual who is the subject of the

information in the form.

(b) The department may release anonymized statistics

regarding:

(1) the number of individuals who submitted waivers

under Section 411.224 for inclusion on the registry;

(2) the number of individuals who submitted

revocations under Section 411.227 for removal of their information

from the registry; and

(3) the number of individuals whose information is

currently included in the registry.

Sec. 411.232. ATTEMPTED ACQUISITION OF FIREARM BY LISTED

INDIVIDUAL; DUTIES OF LICENSED FIREARMS DEALER AND DEPARTMENT. (a)

A licensed 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 prospective transferee is listed in the voluntary

registry shall notify the Department of Public Safety.

(b) On receipt of a notification under Subsection (a), the

department shall notify the third person designated with the

submission of the waiver under Section 411.224(f), if applicable.

Sec. 411.233. RULES. (a) The director shall adopt rules to

establish and maintain the secure electronic registry, including

rules prescribing the forms necessary for submission or revocation

of a waiver described by this subchapter. The rules may not

establish any eligibility requirements to submit a waiver or

revocation form other than the requirements under this subchapter.

(b) The department by rule shall establish procedures that

will enable the department to provide information from a waiver

form under Section 411.224 or a revocation form under Section

411.227 to the Federal Bureau of Investigation for use with the

National Instant Criminal Background Check System.

(c) The department by rule shall establish a procedure to

correct department records as necessary to accurately reflect an

individual's waiver status and a procedure to transmit the

corrected records to the Federal Bureau of Investigation.

SECTION 2. Not later than September 1, 2026, the Department

of Public Safety of the State of Texas shall:

(1) develop and make available the waiver and

revocation forms and create the voluntary registry required by

Subchapter H-1, Chapter 411, Government Code, as added by this Act;

(2) adopt the procedures regarding submitting

information under Subchapter H-1, Chapter 411, Government Code, as

added by this Act, to the Federal Bureau of Investigation for use

with the National Instant Criminal Background Check System; and

(3) adopt procedures regarding correcting department

records of individuals listed in the voluntary registry under

Subchapter H-1, Chapter 411, Government Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2025.