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A BILL TO BE ENTITLED
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AN ACT
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relating to the trafficking of a firearm to a foreign terrorist |
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organization and to the unlawful transfer of firearms between this |
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state and the United Mexican States; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 46, Penal Code, is amended by adding |
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Section 46.145 to read as follows: |
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Sec. 46.145. TRAFFICKING FIREARM TO FOREIGN TERRORIST |
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ORGANIZATION. (a) In this section, "foreign terrorist |
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organization" has the meaning assigned by Section 71.01. |
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(b) A person commits an offense if the person intentionally |
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or knowingly transfers, for profit or any other form of |
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remuneration, a firearm to an individual who the person knows: |
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(1) is a member of a foreign terrorist organization; |
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or |
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(2) intends to transfer the firearm to a member of a |
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foreign terrorist organization. |
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(c) An offense under this section is a felony of the second |
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degree. |
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(d) This section does not apply to a person licensed as a |
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firearms dealer, manufacturer, or importer under 18 U.S.C. Section |
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923 who is lawfully engaged in the business of dealing in, |
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manufacturing, or importing firearms. |
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SECTION 2. Sections 411.02095(a) and (d), Government Code, |
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are amended to read as follows: |
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(a) The department may establish a program throughout this |
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state for preventing and detecting: |
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(1) the unlawful possession or the unlawful and |
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imminent movement or transfer between this state and an adjacent |
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state or the United Mexican States of: |
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(A) firearms, in violation of Section 46.14 or |
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46.145, Penal Code; |
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(B) controlled substances, in violation of |
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Chapter 481, Health and Safety Code; or |
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(C) currency, in violation of Section 34.02, |
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Penal Code; and |
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(2) the commission or imminent commission of the |
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offenses of smuggling of persons under Section 20.05, Penal Code, |
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and trafficking of persons under Section 20A.02, Penal Code, |
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occurring in this state or involving travel between this state and |
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an adjacent state or the United Mexican States. |
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(d) The department shall implement the program established |
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under this section in conjunction with the United Mexican States |
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and federal and local law enforcement agencies. |
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SECTION 3. Section 411.02096(a), Government Code, is |
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amended to read as follows: |
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(a) Not later than January 31 of each year, the department |
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shall collect information for the preceding calendar year related |
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to the carrying of firearms and the unlawful transfer of firearms |
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between this state and the United Mexican States by persons in this |
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state, including: |
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(1) the number of persons who applied for a license to |
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carry a handgun under Subchapter H compared to the yearly average |
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number of people who applied for a license from 2010 through 2020; |
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[and] |
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(2) the number of firearms that were seized by a law |
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enforcement agency in this state or the United Mexican States, or |
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that were otherwise identified as being used to commit an offense in |
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this state or the United Mexican States, if the seizure or offense |
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occurred at any time following the unlawful transfer of those |
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firearms from: |
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(A) the United Mexican States to this state; or |
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(B) this state to the United Mexican States; and |
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(3) any other relevant information related to the |
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carrying of firearms by persons in this state or the unlawful |
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transfer of firearms between this state and the United Mexican |
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States. |
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SECTION 4. This Act takes effect September 1, 2025. |