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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of certain law enforcement officials under |
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procedures regulating the making or transfer of firearms. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. CERTIFICATION TO MAKE OR TRANSFER FIREARM |
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Sec. 411.221. DEFINITIONS. In this section: |
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(1) "Certification" means the process by which a chief |
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law enforcement officer provides the certificate required by 27 |
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C.F.R. Section 479.63 or 479.85 for the approval of an application |
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to make or transfer a firearm. |
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(2) "Chief law enforcement officer" means any law |
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enforcement official the Bureau of Alcohol, Tobacco, Firearms and |
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Explosives, or any of its successor agencies, identifies by |
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regulation or otherwise as eligible to provide a required |
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certification for the making or transfer of a firearm. |
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(3) "Firearm" has the meaning assigned by 26 U.S.C. |
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Section 5845(a). |
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Sec. 411.222. CERTIFICATION. (a) A chief law enforcement |
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officer shall provide certification not later than the 15th day |
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after the date of receipt of a request for certification unless the |
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chief law enforcement officer is unable to state on the certificate |
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that: |
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(1) the identification requirements of 27 C.F.R. |
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Section 479.63 or 479.85, as appropriate, are satisfied; or |
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(2) the officer has no information that: |
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(A) possession of a firearm by the maker or |
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transferee would violate state or local law; or |
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(B) the maker or transferee would use the firearm |
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for other than a lawful purpose. |
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(b) If the chief law enforcement officer is unable to |
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provide certification under Subsection (a), the chief law |
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enforcement officer shall provide the person who requested the |
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certification with a written notification of the denial, including |
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the reason for the denial under 27 C.F.R. Section 479.63 or 479.85. |
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Sec. 411.223. APPEAL FROM DENIAL. (a) If a chief law |
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enforcement officer denies a request for certification, the person |
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who requested the certification may appeal the chief law |
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enforcement officer's decision to the district court of the county |
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in which the person resides. |
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(b) The review of the chief law enforcement officer's |
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decision to deny the certification shall be by trial de novo. |
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(c) If the court finds that no substantial evidence supports |
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the chief law enforcement officer's determination that the chief |
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law enforcement officer cannot legally make the certification, the |
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court shall: |
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(1) order the chief law enforcement officer to issue |
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the certification; and |
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(2) award court costs and reasonable attorney's fees |
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to the person who requested the certification. |
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Sec. 411.224. IMMUNITY FROM LIABILITY. A chief law |
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enforcement officer or an employee of a chief law enforcement |
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officer who, in good faith, provides a certification as described |
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by Section 411.222 is immune from civil or criminal liability |
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resulting from the certification. |
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SECTION 2. This Act takes effect September 1, 2015. |