86R918 LHC-D
 
  By: Rodriguez H.B. No. 1208
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the storage of firearms surrendered by a person subject
  to a magistrate's order for emergency protection or protective
  order as a result of family violence, sexual assault or abuse,
  stalking, or trafficking of persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 7A.06(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  Each protective order issued under this chapter,
  including a temporary ex parte order, must contain the following
  prominently displayed statements in boldfaced type, capital
  letters, or underlined:
         "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
  CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
  JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
  DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
  AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
  SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
  FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER
  ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
  LOCATION AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE
  DURATION OF THIS ORDER."
         SECTION 2.  Article 17.292(g), Code of Criminal Procedure,
  is amended to read as follows:
         (g)  An order for emergency protection issued under this
  article must contain the following statements printed in bold-face
  type or in capital letters:
         "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
  BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
  CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH.  AN ACT THAT
  RESULTS IN FAMILY VIOLENCE OR A STALKING OR TRAFFICKING OFFENSE MAY
  BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS
  APPLICABLE.  IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE,
  IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO
  YEARS.  THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE
  OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED
  IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY
  OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE
  PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR
  IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER ANY
  FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE LOCATION
  AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE DURATION OF
  THIS ORDER.
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         SECTION 3.  Subchapter B, Chapter 85, Family Code, is
  amended by adding Section 85.0225 to read as follows:
         Sec. 85.0225.  PROVISIONS FOR SURRENDER OF FIREARM BY PERSON
  SUBJECT TO PROTECTIVE ORDER. (a) The commissioners court of each
  county shall designate a secure location to store firearms
  surrendered under this section.
         (b)  A person subject to a protective order under this
  chapter or Chapter 7A, Code of Criminal Procedure, or a
  magistrate's order for emergency protection under Article 17.292,
  Code of Criminal Procedure, may surrender a firearm possessed by
  the person to the secure location designated by the commissioners
  court in the county in which the person resides. The individual
  responsible for the administration of the designated secure
  location shall accept the firearm and store it in the secure
  location until the expiration of the protective order. An
  individual who accepts a surrendered firearm shall immediately
  provide the person surrendering the firearm a written copy of the
  receipt for the firearm and a written notice of the procedure for
  the return of the firearm.
         (c)  Unless otherwise prohibited by law from possessing a
  firearm, a person who surrenders a firearm under Subsection (b) is
  entitled to the return of the firearm on the expiration of the
  protective order and after making a request to the individual
  responsible for administering the secure location to which the
  firearm was surrendered.
         (d)  If the firearm is not requested before the 61st day
  after the date the protective order expires, the commissioners
  court shall order the firearm destroyed, sold at public sale by an
  auctioneer licensed under Chapter 1802, Occupations Code, or
  forfeited to the state for use by a law enforcement agency in the
  county, designated by the commissioners court.  Only a firearms
  dealer licensed under 18 U.S.C. Section 923 may purchase a firearm
  at public sale under this subsection.  Proceeds from the sale of an
  unclaimed firearm under this section, after deduction of auction
  costs, shall be deposited in the county treasury in a special fund
  to be used to administer the secure location for the surrender of
  firearms under this section.  An expenditure from the fund may be
  made only in accordance with a budget approved by the commissioners
  court.
         SECTION 4.  Section 85.026(a), Family Code, is amended to
  read as follows:
         (a)  Each protective order issued under this subtitle,
  including a temporary ex parte order, must contain the following
  prominently displayed statements in boldfaced type, capital
  letters, or underlined:
         "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
  CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
  JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
  DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
  AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
  SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
  FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER
  ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
  LOCATION AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE
  DURATION OF THIS ORDER."
         "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
  BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
  CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH.  AN ACT THAT
  RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
  MISDEMEANOR OR FELONY OFFENSE.  IF THE ACT IS PROSECUTED AS A
  SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
  FOR AT LEAST TWO YEARS."
         SECTION 5.  (a) The commissioners court of each county shall
  designate a secure location for the storage of surrendered
  firearms, as required by this Act, not later than December 1, 2019,
  and shall begin accepting surrendered firearms on January 1, 2020.
         (b)  The change in law made by this Act relating to the
  contents of a protective order or a magistrate's order for
  emergency protection applies to an order issued on or after January
  1, 2020. An order issued before that date is governed by the law as
  it existed immediately before the effective date of this Act, and
  the former law is continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2019.