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Amend SB 17 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ___. Section 46.01, Penal Code, is amended by adding Subdivisions (18) and (19) to read as follows:
(18) "Gun show" means a place other than a permanent retail store, including a driveway, sidewalk or walkway, parking lot, or other parking area, or an event at which:
(A) three or more individuals assemble to display firearms or firearm components to the public; and
(B) a fee is charged for the privilege of displaying the firearms or firearm components or a fee is charged for admission to the area where the firearms or components are displayed.
(19) "Gun show promoter" means a person who organizes, plans, promotes, or operates a gun show.
SECTION ___. Chapter 46, Penal Code, is amended by adding Sections 46.065 and 46.066 to read as follows:
Sec. 46.065. CERTAIN REQUIREMENTS RELATING TO SALES AT GUN SHOWS. (a) A person commits an offense if the person knowingly sells a firearm to another person in exchange for money or other consideration at a gun show without complying with the national instant criminal background check system in the manner required by 18 U.S.C. Section 922 before completing the sale. A person who conducts a criminal background check as required by this subsection may charge a fee of not more than $10 to conduct the check.
(b) A person commits an offense if the person knowingly sells a firearm to another person in exchange for money or other consideration at a gun show and the person does not maintain a record of the sale.
(c) It is an exception to the application of Subsection (a) that the person to whom the firearm is sold:
(1) is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code; or
(2) is a peace officer.
(d) An offense under Subsection (a) or (b) is a Class A misdemeanor.
Sec. 46.066. CERTAIN REQUIREMENTS RELATING TO GUN SHOW PROMOTER. (a) A gun show promoter commits an offense if the promoter, with criminal negligence, permits the sale of a firearm to a person at a gun show organized, planned, promoted, or operated by the promoter without complying with the national instant criminal background check system in the manner required by 18 U.S.C. Section 922 before completion of the sale.
(b) It is an exception to the application of Subsection (a) that the person to whom the firearm is sold:
(1) is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code; or
(2) is a peace officer.
(c) Not later than the 30th day before the date on which a gun show is held, the gun show promoter shall provide written notice of the date, time, and place of the gun show to the local law enforcement agency of the county or, if applicable, the municipality in which the gun show will be held.
(d) A gun show promoter shall conduct, or arrange for a person who is a licensed firearms dealer under 18 U.S.C. Section 923 to conduct, an instant criminal background check in the manner required by 18 U.S.C. Section 922 on any person who purchases a firearm at a gun show organized, planned, promoted, or operated by the promoter from another person who is not a licensed firearms dealer under 18 U.S.C. Section 923. A person who conducts a criminal background check as required by this subsection may charge a fee of not more than $10 to conduct the check.
(e) A gun show promoter shall prominently post a notice in a form prescribed by the Department of Public Safety stating the requirements under this section and Section 46.065 relating to an instant criminal background check.
(f) A gun show promoter commits an offense if the promoter violates Subsection (c), (d), or (e).
(g) An offense under Subsection (a) or (f) is a Class A misdemeanor.
(h) If conduct constituting an offense under this section also constitutes an offense under Section 46.065, the actor may be prosecuted under either section or under both sections.
SECTION ___. The change in law made by Section 46.066(c), Penal Code, as added by this Act, applies only to a gun show held on or after October 1, 2015.