HB 3419

relating to the establishment of the Texas Do-Not-Sell Registry for
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. TEXAS DO-NOT-SELL REGISTRY
Sec. 411.221.  DEFINITIONS.  In this subchapter:
(1)  "Firearm" has the meaning assigned by Section
(2)  "Registry" means the Texas Do-Not-Sell Registry
Sec. 411.222.  REGISTRY OF INDIVIDUALS WAIVING RIGHT TO
PURCHASE OR RECEIVE TRANSFER OF FIREARM.  (a)  The department shall
establish and maintain a secure electronic registry to collect and
store information regarding individuals who have voluntarily
waived the right to purchase or receive transfer of a firearm under
(b)  To be eligible to have the individual's waiver
information included in the registry, an individual must be:
(2)  at least 18 years of age; and
(3)  not otherwise prohibited by state or federal law
Sec. 411.223.  TEMPORARY OR INDEFINITE WAIVER OF RIGHT TO
PURCHASE OR RECEIVE TRANSFER OF FIREARM.  An individual seeking to
restrict the individual's access to firearms may waive the
individual's right to purchase or receive transfer of a firearm:
(1)  temporarily, with the restriction automatically
expiring on the 180th day after the date the waiver is submitted; or
(2)  indefinitely, with the restriction ending only
when the waiver is revoked by the individual.
Sec. 411.224.  WAIVER PROCEDURE.  (a)  An individual may
submit to the department, on a form prescribed by the department, a
waiver of the individual's right to purchase or receive transfer of
a firearm.  The individual may submit the waiver form to the
department either in person or by mail and must include with the
form any supplemental materials required by the department under
Subsection (d) to ensure accuracy of information on the form.
(b)  The waiver form must require the individual to provide
information sufficient to enable the department to:
(1)  verify the individual's identity; and
(2)  submit the information to the Federal Bureau of
Investigation for use with the National Instant Criminal Background
(c)  The waiver form must allow the individual to specify
whether the individual is waiving the right to purchase or receive
transfer of a firearm temporarily or indefinitely, as provided by
(d)  The department by rule shall require an individual to
submit a copy of the individual's government-issued photo
identification with the waiver form and may require any other
supplemental materials to ensure accuracy of information on the
form.  The waiver form must include instructions on which
supplemental materials should accompany the waiver form, if any.
(e)  In addition to other requirements specified by
department rule, the waiver form must contain the following
prominently displayed statement:
"BECAUSE YOU HAVE SUBMITTED THIS WAIVER, YOUR INFORMATION
WILL BE SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
SYSTEM WHICH WILL PREVENT YOU FROM PURCHASING OR RECEIVING TRANSFER
OF ANY FIREARMS WHILE THE WAIVER IS IN EFFECT. YOU MAY VOLUNTARILY
REVOKE THIS WAIVER BY SUBMITTING A REVOCATION FORM TO THE TEXAS
DEPARTMENT OF PUBLIC SAFETY AFTER THE APPROPRIATE WAITING PERIOD."
(f)  In submitting the waiver, the individual may provide the
name and contact information of a third person to be notified if the
individual revokes the waiver or attempts to purchase or receive
transfer of a firearm while the waiver is in effect.
(g)  The fact that an individual has submitted a waiver under
this section or is listed in the voluntary registry does not in
itself prohibit the individual from possessing a firearm under
(h)  A waiver under this subchapter is valid only if the
(1)  is submitted by an individual described by Section
411.222(b) for the purpose of waiving that individual's right to
purchase or receive transfer of a firearm;
(2)  provides all of the information required to be
included on the waiver form under Subsection (b); and
(3)  includes any supplemental materials required
Sec. 411.225.  ADDITION TO REGISTRY AND NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.  (a)  Not later than 24 hours
after the department receives a waiver form and any accompanying
materials, the department shall determine whether the waiver is
valid and meets the requirements of Section 411.224(h).
(b)  If the department determines that the submitted waiver
is valid, the department shall:
(1)  provide the information from the waiver to the
Federal Bureau of Investigation for use with the National Instant
Criminal Background Check System;
(2)  notify the individual by mail that the
individual's information has been submitted for inclusion in the
National Instant Criminal Background Check System; and
(3)  as applicable, suspend the individual's license to
carry a handgun under Subchapter H.
(c)  If the department determines that the submitted waiver
is not valid, the department shall provide to the individual by
(1)  notice that there is a deficiency in the waiver
form or in the supplemental materials submitted with the waiver
form, which must include instructions that will assist the
individual in correcting the deficiency; or
(2)  notice that the individual is not eligible to have
the individual's information included on the registry.
Sec. 411.226.  REMOVAL ON EXPIRATION OF TEMPORARY WAIVER.
(a)  If the department receives a temporary waiver described by
Section 411.223(1), on the 180th day after the date the waiver was
submitted, the department shall:
(1)  contact the Federal Bureau of Investigation to
request the removal of the individual's information from the
National Instant Criminal Background Check System;
(2)  remove the individual's information from the
(3)  as applicable, reinstate the individual's license
to carry a handgun under Subchapter H if the individual is otherwise
(b)  At least 30 days before the expiration of a temporary
waiver described by Section 411.223(1), the department shall notify
the person who submitted the waiver that the waiver is about to
Sec. 411.227.  REVOCATION OF WAIVER; REMOVAL FROM REGISTRY.
(a)  An individual who has previously submitted a valid waiver to
the department and whose information has been included in the
registry may revoke the waiver under this subchapter in person or by
mail by submitting a revocation to the department on a form
(b)  An individual who has submitted a temporary waiver
described by Section 411.223(1) may submit a revocation form not
earlier than the 30th day after the date the waiver was submitted.
An individual who submitted an indefinite waiver described by
Section 411.223(2) may submit a revocation form not earlier than
the 90th day after the date the waiver was submitted.
(c)  The revocation form must require the individual to
provide information sufficient to enable the department to verify
that the individual submitting the revocation form is the same
individual who submitted the waiver.
(d)  As soon as practicable after the department receives a
revocation form, the department shall determine if the revocation
(e)  If the department determines that the submitted
revocation is valid, the department shall notify both the
individual who submitted the revocation form and the third person
designated with the submission of the waiver under Section
(1)  that the department has received a revocation
(2)  of the date by which the department will provide
the information from the form to the Federal Bureau of
Investigation to enable that agency to remove the individual's
information from the National Instant Criminal Background Check
(f)  If the department determines that the submitted
revocation is not valid, the department shall provide to the
(1)  notice that the revocation is deficient; and
(2)  instructions that will assist the individual in
(g)  A revocation under this subchapter is valid only if:
(1)  the individual requesting the revocation submits
the revocation form as required by the department;
(2)  the revocation form provides all of the
information required to be included on the form by the department;
(3)  the department is able to verify the individual's
identity through the information provided on the revocation form.
(h)  Not later than the third business day after the date the
department receives a valid revocation form, the department shall:
(1)  provide the information from the form to the
Federal Bureau of Investigation to enable that agency to remove the
individual's information from the National Instant Criminal
(2)  remove the individual's information from the
(3)  as applicable, reinstate the individual's license
to carry a handgun under Subchapter H if the individual is otherwise
Sec. 411.228.  WAIVERS AND REVOCATIONS BY OTHER INDIVIDUALS
NOT PERMITTED.  (a)  An individual may not submit a waiver or
revocation form under this subchapter on behalf of another
individual, regardless of the relationship between the
(b)  The department may not add or remove an individual's
information from the registry based on a waiver or revocation form,
as applicable, that is submitted by another individual.
Sec. 411.229.  MULTIPLE WAIVERS AND REVOCATIONS PERMITTED.
An individual may make one or more waivers or revocations of waiver
under this subchapter, as the individual considers necessary or
Sec. 411.230.  AVAILABILITY OF FORMS.  The department shall
make available the waiver form described by Section 411.224 and the
revocation form described by Section 411.227 on the department's
Internet website.  The Internet website must include clear
(1)  completing and submitting a waiver or revocation
(2)  submitting with the waiver any supplemental
materials needed to ensure accuracy of information on the waiver
Sec. 411.231.  CONFIDENTIALITY AND DISCLOSURE OF
INFORMATION.  (a)  Except as provided by Subsection (b),
information maintained by the department regarding an individual
who has voluntarily waived the right to purchase or receive
transfer of a firearm under this subchapter:
(1)  is confidential and not subject to disclosure
(A)  a law enforcement officer in connection with
a prospective transfer of a firearm; or
(B)  the individual who is the subject of the
(b)  The department may release anonymized statistics
(1)  the number of individuals who submitted waivers
under Section 411.224 for inclusion on the registry;
(2)  the number of individuals who submitted
revocations under Section 411.227 for removal of their information
(3)  the number of individuals whose information is
currently included in the registry.
Sec. 411.232.  ATTEMPTED ACQUISITION OF FIREARM BY LISTED
INDIVIDUAL; DUTIES OF LICENSED FIREARMS DEALER AND DEPARTMENT.  (a)
A licensed firearms dealer licensed under 18 U.S.C. Section 923 who
declines to transfer a firearm to a prospective transferee in this
state because the prospective transferee is listed in the voluntary
registry shall notify the Department of Public Safety.
(b)  On receipt of a notification under Subsection (a), the
department shall notify the third person designated with the
submission of the waiver under Section 411.224(f), if applicable.
Sec. 411.233.  RULES.  (a)  The director shall adopt rules to
establish and maintain the secure electronic registry, including
rules prescribing the forms necessary for submission or revocation
of a waiver described by this subchapter.  The rules may not
establish any eligibility requirements to submit a waiver or
revocation form other than the requirements under this subchapter.
(b)  The department by rule shall establish procedures that
will enable the department to provide information from a waiver
form under Section 411.224 or a revocation form under Section
411.227 to the Federal Bureau of Investigation for use with the
National Instant Criminal Background Check System.
(c)  The department by rule shall establish a procedure to
correct department records as necessary to accurately reflect an
individual's waiver status and a procedure to transmit the
corrected records to the Federal Bureau of Investigation.
SECTION 2.  Not later than September 1, 2026, the Department
of Public Safety of the State of Texas shall:
(1)  develop and make available the waiver and
revocation forms and create the voluntary registry required by
Subchapter H-1, Chapter 411, Government Code, as added by this Act;
(2)  adopt the procedures regarding submitting
information under Subchapter H-1, Chapter 411, Government Code, as
added by this Act, to the Federal Bureau of Investigation for use
with the National Instant Criminal Background Check System; and
(3)  adopt procedures regarding correcting department
records of individuals listed in the voluntary registry under
Subchapter H-1, Chapter 411, Government Code, as added by this Act.
SECTION 3.  This Act takes effect September 1, 2025.