77R8573 JMG-D                           
         By Turner of Coleman, Hupp                            H.B. No. 1122
         Substitute the following for H.B. No. 1122:
         By Turner of Coleman                              C.S.H.B. No. 1122
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to allowing the Department of Public Safety to sell
 1-3     certain confiscated firearms.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Article 18.19, Code of Criminal Procedure, is
 1-6     amended by amending Subsections (d) and (e) and adding Subsections
 1-7     (f) and (g) to read as follows:
 1-8           (d)  A person either convicted or receiving deferred
 1-9     adjudication under Penal Code Chapter 46 is entitled to the weapon
1-10     seized upon request to the law enforcement agency holding the
1-11     weapon.  However, subject to Subsection (f), the court entering the
1-12     judgment shall order the weapon [destroyed or] forfeited to the
1-13     state [for use by the law enforcement agency holding the weapon]
1-14     if:
1-15                 (1)  the person does not request the weapon within 60
1-16     days after the date of the judgment of conviction;
1-17                 (2)  the person has been previously convicted under
1-18     Penal Code Chapter 46;
1-19                 (3)  the weapon is one defined as a prohibited weapon
1-20     under Penal Code Chapter 46;
1-21                 (4)  the offense for which the person is convicted or
1-22     receives deferred adjudication was committed in or on the premises
1-23     of a playground, school, video arcade facility, or youth center, as
1-24     those terms are defined by Section 481.134, Health and Safety Code;
 2-1     or
 2-2                 (5)  the court determines based on the prior criminal
 2-3     history of the defendant or based on the circumstances surrounding
 2-4     the commission of the offense that possession of the seized weapon
 2-5     would pose a threat to the community or one or more individuals.
 2-6           (e)  If the person found in possession of a weapon is
 2-7     convicted of an offense involving the use of the weapon, the court
 2-8     entering judgment of conviction, subject to the provisions of
 2-9     Subsection (f), shall order [destruction of] the weapon to be
2-10     forfeited [or forfeiture] to the state [for use by the law
2-11     enforcement agency holding the weapon].
2-12           (f)  A court that orders the forfeiture of a weapon under
2-13     Subsection (d) or (e) in the order shall permit the law enforcement
2-14     agency to use the weapon for a law enforcement purpose or require
2-15     the agency to transfer the weapon to the Department of Public
2-16     Safety not later than:
2-17                 (1)  the 180th day after the date the court orders the
2-18     forfeiture, if the law enforcement agency holding the weapon is the
2-19     law enforcement agency of a municipality that has a population of
2-20     30,000 or less; or
2-21                 (2)  for all other law enforcement agencies, the 90th
2-22     day after the date the court orders the forfeiture.
2-23           (g)(1)  When a weapon is transferred to the Department of
2-24     Public Safety, the department shall determine the value of the
2-25     weapon. A weapon found to be without value shall be destroyed not
2-26     later than the 120th day after the date the weapon is transferred
2-27     to the department.  A weapon found to be of value, not later than
 3-1     the 120th day after the date the weapon is transferred to the
 3-2     department, shall be designated for use by a law enforcement agency
 3-3     and transferred to the agency or sold at public sale. Only a
 3-4     firearms dealer licensed under 18 U.S.C. Section 923 may purchase a
 3-5     weapon at public sale under this subsection.
 3-6                 (2)  If the department determines that there is not a
 3-7     sufficient number of other forfeited weapons to hold a public sale
 3-8     within 120 days of receipt of the weapon, the department may sell
 3-9     the weapon at a public sale within 180 days of receipt of the
3-10     weapon.  If the department is unable to meet the deadline
3-11     established by this subdivision, the department shall transfer the
3-12     weapon to a law enforcement agency.
3-13                 (3)  Notwithstanding Chapter 101, Civil Practice and
3-14     Remedies Code, or any other law, the Department of Public Safety is
3-15     not liable for personal injury, property damage, or death arising
3-16     from the sale or use of a weapon sold at public sale or transferred
3-17     to a law enforcement agency under this article.
3-18                 (4)  As soon as practicable after the sale of firearms
3-19     to a firearms dealer, the Department of Public Safety shall send to
3-20     the Bureau of Alcohol, Tobacco, and Firearms a list that describes
3-21     each firearm sold to the dealer.
3-22                 (5)  The Department of Public Safety may enter into a
3-23     contract for the storage of weapons transferred to the department
3-24     under this article.
3-25                 (6)  The Department of Public Safety may retain 20
3-26     percent of funds received from sales under this subsection to
3-27     assist the department in administering this subsection.  The
 4-1     comptroller shall deposit the remainder of funds received from
 4-2     sales under this subsection to the credit of the law enforcement
 4-3     safety account in the general revenue fund.  The legislature may
 4-4     appropriate money from the account to the criminal justice division
 4-5     of the governor's office.
 4-6                 (7)  The criminal justice division may use funds
 4-7     appropriated to the division under this subsection only to make
 4-8     grants for the purchase of safety equipment to local law
 4-9     enforcement agencies.
4-10                 (8)  The Public Safety Commission shall adopt rules to
4-11     carry out the provisions of this subsection.
4-12           SECTION 2. This Act takes effect September 1, 2001, and
4-13     applies only to a weapon forfeited on or after that date.