80R489 PEP-D
	By: Davis of Dallas	H.B. No. 595

	A BILL TO BE ENTITLED
	AN ACT
	relating to requiring a waiting period for the purchase or sale of a
	handgun; creating an offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 46, Penal Code, is amended by adding
	Section 46.061 to read as follows:
	Sec. 46.061.  WAITING PERIOD FOR PURCHASE OR SALE OF
	HANDGUN.  (a)  A person commits an offense if the person:
	(1)  purchases more than one handgun, or sells more
	than one handgun to the same person, within a 30-day period;
	(2)  purchases a handgun without first completing and
	delivering to the seller a handgun purchase form as prescribed by
	the Department of Public Safety; or
	(3)  sells a handgun to any person without first:
	(A)  submitting to the Department of Public Safety
	a handgun purchase form completed and delivered to the seller by the
	purchaser; and
	(B)  receiving notice from the Department of
	Public Safety that the purchaser did not purchase another handgun
	within the 30-day period preceding the date of the form.
	(b)  For purposes of this section:
	(1)  a handgun purchase form is complete if:
	(A)  the form is signed and dated; and
	(B)  the other information requested by the form
	is substantially complete; and
	(2)  a purchase or sale may be made in exchange for
	cash, goods, services, or other remuneration.
	(c)  An offense under this section is a state jail felony.
	(d)  It is an exception to the application of this section
	that the transaction was a purchase by or sale to:
	(1)  a person licensed as a firearms importer,
	collector, manufacturer, or dealer under 18 U.S.C. Section 921 et
	seq.;
	(2)  a peace officer under Article 2.12, Code of
	Criminal Procedure, or a special investigator under Article 2.122,
	Code of Criminal Procedure;
	(3)  a parole officer;
	(4)  a community supervision and corrections
	department officer appointed or employed under Section 76.004,
	Government Code;
	(5)  a judge or justice of a federal court, the supreme
	court, the court of criminal appeals, a court of appeals, a district
	court, a criminal district court, a constitutional county court, a
	statutory county court, a justice court, or a municipal court who is
	licensed to carry a concealed handgun under Subchapter H, Chapter
	411, Government Code;
	(6)  an honorably retired peace officer or federal
	criminal investigator who holds a certificate of proficiency issued
	under Section 1701.357, Occupations Code, and is carrying a photo
	identification that:
	(A)  verifies that the officer honorably retired
	after not less than 15 years of service as a commissioned officer;
	and
	(B)  is issued by a state or local law enforcement
	agency; or
	(7)  a district attorney, criminal district attorney,
	or county attorney who is licensed to carry a concealed handgun
	under Subchapter H, Chapter 411, Government Code.
	SECTION 2.  Subchapter D, Chapter 411, Government Code, is
	amended by adding Section 411.0471 to read as follows:
	Sec. 411.0471.  ENFORCEMENT OF WAITING PERIOD FOR PURCHASE
	OR SALE OF HANDGUN.  (a)  The department shall prescribe a handgun
	purchase form for the purpose of enforcing Section 46.061, Penal
	Code.
	(b)  On receipt of a completed handgun purchase form from a
	person who intends to sell a handgun, the department shall:
	(1)  determine whether the purchaser purchased another
	handgun within the 30-day period preceding the date of the form; and
	(2)  inform the seller of its determination.
	(c)  A person who completes the sale of a handgun shall:
	(1)  inform the department of the date the sale was
	complete; and
	(2)  provide to the department any other information
	requested by the department.
	(d)  The department shall maintain any information collected
	under this section or under Section 46.061, Penal Code, as
	necessary to:
	(1)  ensure compliance with this section; and
	(2)  enforce Section 46.061, Penal Code.
	SECTION 3.  This Act takes effect September 1, 2007.