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A BILL TO BE ENTITLED
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AN ACT
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relating to the storage of firearms surrendered by a person subject |
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to a magistrate's order for emergency protection or protective |
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order as a result of family violence, sexual assault or abuse, |
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stalking, or trafficking of persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 7B.006(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Each protective order issued under this subchapter, |
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including a temporary ex parte order, must contain the following |
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prominently displayed statements in boldfaced type, in capital |
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letters, or underlined: |
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"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR |
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CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN |
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JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." |
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"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS |
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ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY |
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PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS |
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VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT |
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UNLESS A COURT CHANGES THE ORDER." |
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"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS |
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DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT |
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AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL |
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SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A |
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FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER |
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ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE |
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LOCATION AS PROVIDED BY SECTION 85.0221, FAMILY CODE, FOR THE |
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DURATION OF THIS ORDER." |
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SECTION 2. Article 17.292(g), Code of Criminal Procedure, |
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is amended to read as follows: |
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(g) An order for emergency protection issued under this |
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article must contain the following statements printed in bold-face |
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type or in capital letters: |
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"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED |
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BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY |
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CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT |
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RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE |
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MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A |
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VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE |
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FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT |
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LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER |
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THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, |
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ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE |
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OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS |
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ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY |
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CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MAY |
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SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED |
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SECURE LOCATION AS PROVIDED BY SECTION 85.0221, FAMILY CODE, FOR |
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THE DURATION OF THIS ORDER." |
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"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS |
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ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY |
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PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS |
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VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT |
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UNLESS A COURT CHANGES THE ORDER." |
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SECTION 3. Subchapter B, Chapter 85, Family Code, is |
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amended by adding Section 85.0221 to read as follows: |
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Sec. 85.0221. PROVISIONS FOR SURRENDER OF FIREARM BY PERSON |
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SUBJECT TO PROTECTIVE ORDER. (a) The commissioners court of each |
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county shall designate a secure location to store firearms |
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surrendered under this section. |
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(b) A person subject to a protective order under this |
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chapter or Chapter 7B, Code of Criminal Procedure, or a |
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magistrate's order for emergency protection under Article 17.292, |
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Code of Criminal Procedure, may surrender a firearm possessed by |
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the person to the secure location designated by the commissioners |
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court in the county in which the person resides. A person |
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responsible for the administration of the designated secure |
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location shall accept the firearm and store it in the secure |
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location until the expiration of the protective order. A person who |
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accepts a surrendered firearm shall immediately provide the person |
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surrendering the firearm a written copy of the receipt for the |
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firearm and a written notice of the procedure for the return of the |
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firearm. |
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(c) Unless otherwise prohibited by law from possessing a |
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firearm, a person who surrenders a firearm under Subsection (b) is |
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entitled to the return of the firearm on the expiration of the |
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protective order and after making a request to the person |
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responsible for administering the secure location to which the |
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firearm was surrendered. |
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(d) If the firearm is not requested before the 61st day |
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after the date the protective order expires, the commissioners |
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court shall order the firearm destroyed, sold at public sale by an |
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auctioneer licensed under Chapter 1802, Occupations Code, or |
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forfeited to the state for use by a law enforcement agency in the |
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county. Only a firearms dealer licensed under 18 U.S.C. Section 923 |
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may purchase a firearm at public sale under this subsection. |
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Proceeds from the sale of an unclaimed firearm under this |
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subsection, after deduction of auction costs, shall be deposited in |
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the county treasury in a special fund to be used to administer the |
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secure location for the surrender of firearms under this section. |
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An expenditure from the fund may be made only in accordance with a |
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budget approved by the commissioners court. |
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SECTION 4. Section 85.026(a), Family Code, is amended to |
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read as follows: |
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(a) Each protective order issued under this subtitle, |
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including a temporary ex parte order, must contain the following |
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prominently displayed statements in boldfaced type, capital |
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|
letters, or underlined: |
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|
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR |
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CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN |
|
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JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." |
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"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS |
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ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY |
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PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS |
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VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT |
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UNLESS A COURT CHANGES THE ORDER." |
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"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS |
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DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT |
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AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL |
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SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A |
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FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER |
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ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE |
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LOCATION AS PROVIDED BY SECTION 85.0221, FAMILY CODE, FOR THE |
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DURATION OF THIS ORDER." |
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"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM |
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CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE |
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EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST |
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ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR |
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IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON: |
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"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS |
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RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR |
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IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR |
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"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS |
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RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR |
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IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS." |
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"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED |
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BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY |
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CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT |
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RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE |
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MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A |
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SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON |
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FOR AT LEAST TWO YEARS." |
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SECTION 5. (a) The commissioners court of each county shall |
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designate a secure location for the storage of surrendered |
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firearms, as required by this Act, not later than December 1, 2023, |
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and shall begin accepting surrendered firearms on January 1, 2024. |
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(b) The change in law made by this Act relating to the |
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contents of a protective order or a magistrate's order for |
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emergency protection applies to an order issued on or after January |
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1, 2024. An order issued before that date is governed by the law as |
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it existed immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |