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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of a lost or stolen firearm; providing |
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criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.0511 to read as follows: |
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Sec. 411.0511. REPORT TO DEPARTMENT REGARDING LOST OR |
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STOLEN FIREARM. (a) A law enforcement agency that receives a |
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report of a lost or stolen firearm shall provide a copy of the |
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report to the department in the form and manner and at regular |
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intervals as prescribed by rules adopted by the department. The |
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rules must require submission of any original or supplemental |
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investigative report related to the firearm and must require the |
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law enforcement agency to submit for each firearm reported lost or |
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stolen: |
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(1) the county and, if applicable, municipality in |
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which the firearm was lost or stolen; and |
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(2) a description of the firearm, including the serial |
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number of the firearm if known. |
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(b) The department shall analyze information received under |
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this section and shall make the analysis required by this section |
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available to any local law enforcement agency, political |
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subdivision, or state agency to the extent the analysis is |
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reasonably necessary or useful to the agency or subdivision in |
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carrying out duties imposed by law on the agency or subdivision. |
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This subsection may not be construed to enable direct access by a |
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person to information analyzed by the department under this section |
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if the person does not otherwise have direct access to that |
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information. Dissemination of the analysis required by this |
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section is subject to all confidentiality requirements imposed by |
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other law. |
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SECTION 2. Chapter 46, Penal Code, is amended by adding |
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Section 46.16 to read as follows: |
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Sec. 46.16. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a) |
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A person commits an offense if the person: |
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(1) owns a firearm that is subsequently lost by or |
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stolen from the person; and |
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(2) fails to report the loss or theft to a peace |
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officer or law enforcement agency on or before the 48th hour after |
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the time the person knew or reasonably should have known the firearm |
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was lost or stolen. |
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(b) A person commits an offense if the person knowingly |
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makes a false report of a lost or stolen firearm to a peace officer |
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or law enforcement agency. |
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(c) A person commits an offense if the person: |
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(1) reports the loss or theft of a firearm to a peace |
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officer or law enforcement agency; |
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(2) subsequently recovers the firearm; and |
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(3) fails to report the recovery to the officer or |
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agency before the 31st day after the date the person recovers the |
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firearm. |
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(d) An offense under Subsection (a) is a Class C |
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misdemeanor, except that the offense is a Class B misdemeanor if it |
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is shown on the trial of the offense that the person has been |
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previously convicted of an offense under that subsection. |
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(e) An offense under Subsection (b) or (c) is a Class C |
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misdemeanor with a maximum fine of $250. |
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(f) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or under both |
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sections. |
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SECTION 3. Section 46.16(a), Penal Code, as added by this |
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Act, applies only to a firearm that is lost or stolen on or after the |
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effective date of this Act. A firearm that was lost or stolen |
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before the effective date of this Act is governed by the law in |
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effect on the date the firearm was lost or stolen, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |