A BILL TO BE ENTITLED

AN ACT

relating to the duties of certain law enforcement officials under

procedures regulating the making or transfer of firearms.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 411, Government Code, is amended by

adding Subchapter H-1 to read as follows:

SUBCHAPTER H-1. CERTIFICATION TO MAKE OR TRANSFER FIREARM

Sec. 411.221. DEFINITIONS. In this section:

(1) "Certification" means the process by which a chief

law enforcement officer provides the certificate required by 27

C.F.R. Section 479.63 or 479.85 for the approval of an application

to make or transfer a firearm.

(2) "Chief law enforcement officer" means any law

enforcement official the Bureau of Alcohol, Tobacco, Firearms and

Explosives, or any of its successor agencies, identifies by

regulation or otherwise as eligible to provide a required

certification for the making or transfer of a firearm.

(3) "Firearm" has the meaning assigned by 26 U.S.C.

Section 5845(a).

Sec. 411.222. CERTIFICATION. (a) A chief law enforcement

officer shall provide certification not later than the 15th day

after the date of receipt of a request for certification unless the

chief law enforcement officer is unable to state on the certificate

that:

(1) the identification requirements of 27 C.F.R.

Section 479.63 or 479.85, as appropriate, are satisfied; or

(2) the officer has no information that:

(A) possession of a firearm by the maker or

transferee would violate state or local law; or

(B) the maker or transferee would use the firearm

for other than a lawful purpose.

(b) If the chief law enforcement officer is unable to

provide certification under Subsection (a), the chief law

enforcement officer shall provide the person who requested the

certification with a written notification of the denial, including

the reason for the denial under 27 C.F.R. Section 479.63 or 479.85.

Sec. 411.223. APPEAL FROM DENIAL. (a) If a chief law

enforcement officer denies a request for certification, the person

who requested the certification may appeal the chief law

enforcement officer's decision to the district court of the county

in which the person resides.

(b) The review of the chief law enforcement officer's

decision to deny the certification shall be by trial de novo.

(c) If the court finds that no substantial evidence supports

the chief law enforcement officer's determination that the chief

law enforcement officer cannot legally make the certification, the

court shall:

(1) order the chief law enforcement officer to issue

the certification; and

(2) award court costs and reasonable attorney's fees

to the person who requested the certification.

Sec. 411.224. IMMUNITY FROM LIABILITY. A chief law

enforcement officer or an employee of a chief law enforcement

officer who, in good faith, provides a certification as described

by Section 411.222 is immune from civil or criminal liability

resulting from the certification.