HB 545

86(R) - 2019
House Criminal Jurisprudence
House Criminal Jurisprudence

Vote Recommendation

Vote No; Amend
  • Neutral
  • Negative
  • Neutral
  • Neutral
  • Negative


Poncho Nevarez
Gina Calanni

Bill Caption

Relating to the prosecution of the offense of unlawful transfer of a firearm.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 545 would add to the offense of unlawful transfer of a firearm: knowingly selling, renting or giving a firearm to a person who the actor knows, or has reasonable cause to believe, is receiving inpatient mental health services because of a court order, a person who has been acquitted in a criminal case by reason of insanity or lack of mental responsibility (regardless of whether they were ordered by a court to receive inpatient treatment or residential care), a person who has been determined to have an intellectual disability and committed by a court for long-term placement in a residential care facility under Chapter 593, Health and Safety Code, or a person determined to be incompetent to stand trial.

It would be a defense to prosecution for this offense that the transfer is to a person who: is the subject of a judicial order or finding that the person is no longer an incapacitated adult or is entitled to relief from disabilities or has obtained notice of relief from disabilities.

Vote Recommendation Notes

Texas Action opposes HB 545 because it violates the principles of individual liberty and property rights. This bill is overbroad with its inclusion of "reasonable cause to believe" which waters down the mens rea protection that is otherwise included in the bill. Should this language be omitted, we would withdraw our objection to the bill.