Amends TCA Title 29; Title 38; Title 39 and Title 40.

ON APRIL 28, 2021, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 1171, AS AMENDED.<br /> <br /> AMENDMENT #2 rewrites this bill to enact the "Firearms Information Privacy Protection Act."<br /> <br /> This amendment makes it a Class A misdemeanor offense for any personnel, including elected and appointed officials, of this state, a local governmental entity, or a political subdivision of this state, when acting in the person's official capacity, to intentionally disclose information that identifies another person as the purchaser or owner of a firearm, firearm ammunition, or firearm accessory for the purpose of:<br /> <br /> (1) Compiling or facilitating the compilation of a federal firearms registry or database; or<br /> <br /> (2) The confiscation of firearms.<br /> <br /> This amendment also creates a cause of action where by an individual may bring suit against a person who intentionally discloses information that the person knows or reasonably should know was unlawfully obtained and identifies the individual as the purchaser or owner of a firearm, firearm ammunition, or firearm accessory for purposes of compiling or facilitating the compilation of a federal firearms registry or database or the confiscation of firearms. In any such action, the court may award the person whose information was disclosed:<br /> <br /> (1) A minimum of $75,000 in statutory damages per intentional violation;<br /> <br /> (2) Actual damages;<br /> <br /> (3) Punitive damages;<br /> <br /> (4) Other forms of equitable relief; and<br /> <br /> (5) Reasonable costs and attorney fees.<br /> <br /> Neither the Class A misdemeanor offense nor the private cause of action apply to information that is provided to a government entity pursuant to: present law concerning background checks for firearm purchases and issuance of authorization to carry a firearm; federal law, or as part of a criminal investigation.<br /> <br /> ON MAY 4, 2021, THE SENATE SUBSTITUTED HOUSE BILL 1171 FOR SENATE BILL 1142, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1171, AS AMENDED.<br /> <br /> AMENDMENT #2 incorporates the changes in House Amendment #2 that create an offense for disclosing certain information related to firearms but changes the penalty to a Class E felony and specifies that such offense only occurs when the offender is acting in the person's official capacity or disclosing information obtained in the person's official capacity. This amendment removes the private right of action.<br /> <br /> ON MAY 4, 2021, THE HOUSE NONCONCURRED IN SENATE AMENDMENT #2.<br /> <br /> ON MAY 5, 2021, THE SENATE REFUSED TO RECEDE IN ITS ACTIONS IN ADOPTING SENATE AMENDMENT #2.<br /> <br /> ON MAY 5, 2021, THE HOUSE REFUSED TO RECEDE FROM ITS NONCONCURRENCE IN SENATE AMENDMENT #2 AND APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON MAY 5, 2021, THE SENATE APPOINTED A CONFERENCE COMMITTEE.<br /> <br /> ON MAY 5, 2021, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.<br /> <br /> ON MAY 5, 2021, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.<br />