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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 7A.06(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) Each protective order issued under this chapter, |
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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 85.0225, 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 FAMILY VIOLENCE OR A STALKING OR TRAFFICKING OFFENSE MAY |
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BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS |
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APPLICABLE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, |
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IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO |
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YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE |
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OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED |
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IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY |
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OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE |
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PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR |
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IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER ANY |
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FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE LOCATION |
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AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE DURATION OF |
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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 85.0225 to read as follows: |
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Sec. 85.0225. 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 7A, 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. The individual |
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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. An |
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individual who accepts a surrendered firearm shall immediately |
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provide the person surrendering the firearm a written copy of the |
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receipt for the firearm and a written notice of the procedure for |
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the return of the 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 individual |
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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, designated by the commissioners court. Only a firearms |
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dealer licensed under 18 U.S.C. Section 923 may purchase a firearm |
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at public sale under this subsection. Proceeds from the sale of an |
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unclaimed firearm under this section, after deduction of auction |
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costs, shall be deposited in the county treasury in a special fund |
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to be used to administer the secure location for the surrender of |
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firearms under this section. An expenditure from the fund may be |
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made only in accordance with a budget approved by the commissioners |
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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 85.0225, FAMILY CODE, FOR THE |
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DURATION OF THIS ORDER." |
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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, 2019, |
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and shall begin accepting surrendered firearms on January 1, 2020. |
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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, 2020. 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, 2019. |