| |
| |
| |
|
|
AN ACT
|
|
|
relating to authorizing the provision of temporary secure storage |
|
|
for weapons at certain public buildings; authorizing fees. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2165, Government Code, is amended by |
|
|
adding Subchapter J to read as follows: |
|
|
SUBCHAPTER J. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC |
|
|
BUILDINGS |
|
|
Sec. 2165.451. APPLICABILITY. (a) This subchapter applies |
|
|
to a building or portion of a building: |
|
|
(1) that is: |
|
|
(A) used by an agency of this state; and |
|
|
(B) generally open to the public; and |
|
|
(2) in which: |
|
|
(A) carrying a handgun or other firearm, |
|
|
location-restricted knife, club, or other weapon on the premises or |
|
|
part of the premises would violate Chapter 46, Penal Code, or other |
|
|
law; or |
|
|
(B) the state agency in control of the building, |
|
|
by sign or otherwise, prohibits handguns or other firearms, |
|
|
location-restricted knives, clubs, or other weapons on the premises |
|
|
or part of the premises. |
|
|
(b) This subchapter does not apply to: |
|
|
(1) a penal institution, as that term is defined by |
|
|
Section 1.07, Penal Code; or |
|
|
(2) a public primary or secondary school or |
|
|
institution of higher education. |
|
|
Sec. 2165.452. TEMPORARY SECURE WEAPON STORAGE. (a) A |
|
|
state agency may provide temporary secure weapon storage for a |
|
|
building or portion of a building to which this subchapter applies |
|
|
for persons who enter the building or portion of the building with a |
|
|
weapon prohibited in that building or portion of the building. |
|
|
(b) The temporary secure weapon storage may be provided by: |
|
|
(1) self-service weapon lockers described by Section |
|
|
2165.453; or |
|
|
(2) other temporary secure weapon storage operated at |
|
|
all times by a designated state agency employee under Section |
|
|
2165.454. |
|
|
Sec. 2165.453. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY |
|
|
SECURE STORAGE. (a) A state agency may provide self-service weapon |
|
|
lockers for the temporary secure storage of any weapon prohibited |
|
|
in a building or portion of a building. |
|
|
(b) A self-service weapon locker must allow secure locking |
|
|
by the user and: |
|
|
(1) provide a key for reopening; or |
|
|
(2) reopen by electronic means, such as by a |
|
|
fingerprint scan or entry of a numeric code. |
|
|
(c) A state agency may require a person to submit the |
|
|
person's name, the number of the person's driver's license or other |
|
|
form of identification, and the person's telephone number as a |
|
|
condition for use of a self-service weapon locker. |
|
|
(d) A person placing a weapon in a self-service weapon |
|
|
locker may designate an alternate person to whom the weapon may be |
|
|
released if the person is not able to reclaim the person's weapon |
|
|
before the 30th day after the date the weapon was placed in the |
|
|
locker. |
|
|
Sec. 2165.454. TEMPORARY SECURE WEAPON STORAGE |
|
|
ADMINISTERED BY AGENCY EMPLOYEE. (a) A state agency may provide |
|
|
temporary secure weapon storage operated by a designated agency |
|
|
employee for a building or portion of a building in which weapons |
|
|
are prohibited. |
|
|
(b) The weapons in temporary secure weapon storage must be |
|
|
held in a safe, locker, or other location that is locked and |
|
|
accessible only to the designated employee. |
|
|
(c) If a person chooses to give to the designated employee |
|
|
the person's weapon for temporary secure storage, the employee |
|
|
shall: |
|
|
(1) securely affix a claim tag to the weapon; |
|
|
(2) provide the person with a claim receipt for |
|
|
reclaiming the weapon; |
|
|
(3) record the person's name, the number of the |
|
|
person's driver's license or other form of identification, and the |
|
|
person's telephone number; and |
|
|
(4) if designated by the person placing the weapon in |
|
|
temporary secure weapon storage, record the name of an alternate |
|
|
person to whom the weapon may be released if the person is not able |
|
|
to reclaim the person's weapon before the 30th day after the date |
|
|
the weapon was placed in storage. |
|
|
(d) A person may reclaim the person's weapon by showing the |
|
|
designated employee operating the temporary secure weapon storage: |
|
|
(1) the claim receipt given to the person at the time |
|
|
the weapon was placed in temporary secure storage; or |
|
|
(2) the person's driver's license or other form of |
|
|
identification. |
|
|
(e) A state agency that provides temporary secure weapon |
|
|
storage under this section shall ensure that: |
|
|
(1) the temporary secure weapon storage is available |
|
|
and monitored by a designated agency employee at all times that the |
|
|
building or portion of the building is open to the public; and |
|
|
(2) a person who is choosing to place the weapon in |
|
|
storage or retrieving the weapon from storage is not required to |
|
|
wait more than a reasonable period. |
|
|
Sec. 2165.455. FEES. A state agency under this subchapter |
|
|
may collect a fee of not more than $5 for the use of a self-service |
|
|
weapon locker or other temporary secure weapon storage. |
|
|
Sec. 2165.456. UNCLAIMED WEAPONS. (a) A weapon that is |
|
|
unclaimed at the end of a business day may be removed from the |
|
|
self-service weapon locker or other temporary secure storage and |
|
|
placed in another secure location. |
|
|
(b) If practicable, the state agency shall notify the person |
|
|
who placed the weapon in a self-service weapon locker or other |
|
|
temporary secure storage that the weapon is in the custody of the |
|
|
state agency and is subject to forfeiture if not reclaimed before |
|
|
the 30th day after the date the weapon was placed in a self-service |
|
|
weapon locker or other temporary secure storage. If the person |
|
|
provided a telephone number when the weapon was placed in a |
|
|
self-service weapon locker or other temporary secure storage, the |
|
|
state agency shall notify the person by using that telephone |
|
|
number. |
|
|
(c) At each location where a weapon may be placed in a |
|
|
self-service weapon locker or other temporary secure storage, the |
|
|
state agency shall post a sign that describes the process for |
|
|
reclaiming a weapon left in a self-service weapon locker or other |
|
|
temporary secure storage for more than one business day. |
|
|
(d) The state agency may require identification or other |
|
|
evidence of ownership before returning the unclaimed weapon. On |
|
|
return of the weapon, the state agency may charge a fee of not more |
|
|
than $10 per day and not to exceed a total of $150 for the extended |
|
|
storage of the weapon. |
|
|
(e) If the weapon is not reclaimed before the 30th day after |
|
|
the date the weapon was placed in a self-service weapon locker or |
|
|
other temporary secure storage, the weapon is forfeited. |
|
|
(f) If the forfeited weapon may not be legally possessed in |
|
|
this state, the state agency shall turn the weapon over to local law |
|
|
enforcement as evidence or for destruction. |
|
|
(g) If a person may legally possess the weapon in this |
|
|
state: |
|
|
(1) the forfeited weapon may be sold at public sale by |
|
|
an auctioneer licensed under Chapter 1802, Occupations Code; or |
|
|
(2) the law enforcement agency holding the weapon may |
|
|
release the weapon to another person if: |
|
|
(A) the person: |
|
|
(i) claims a right to or interest in the |
|
|
weapon and provides an affidavit confirming that the person wholly |
|
|
or partly owns the weapon or otherwise has a right to or interest in |
|
|
the weapon; or |
|
|
(ii) is an alternate person designated by |
|
|
the person under Section 2165.453(d) or 2165.454(c)(4); and |
|
|
(B) for a weapon that is a firearm, the law |
|
|
enforcement agency conducts a check of state and national criminal |
|
|
history record information and verifies that the person may |
|
|
lawfully possess a firearm under 18 U.S.C. Section 922(g). |
|
|
(h) Only a firearms dealer licensed under 18 U.S.C. Section |
|
|
923 may purchase a firearm at public sale under this section. |
|
|
(i) Proceeds from the sale of a weapon under this section |
|
|
shall be transferred, after the deduction of auction costs, to the |
|
|
general revenue fund. |
|
|
SECTION 2. Subtitle C, Title 11, Local Government Code, is |
|
|
amended by adding Chapter 365 to read as follows: |
|
|
CHAPTER 365. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC |
|
|
BUILDINGS |
|
|
Sec. 365.001. APPLICABILITY. (a) This chapter applies to a |
|
|
building or portion of a building: |
|
|
(1) that is: |
|
|
(A) used by a political subdivision of this |
|
|
state; and |
|
|
(B) generally open to the public; and |
|
|
(2) in which: |
|
|
(A) carrying a handgun or other firearm, |
|
|
location-restricted knife, club, or other weapon on the premises or |
|
|
part of the premises would violate Chapter 46, Penal Code, or other |
|
|
law; or |
|
|
(B) the political subdivision in control of the |
|
|
building, by sign or otherwise, prohibits handguns or other |
|
|
firearms, location-restricted knives, clubs, or other weapons on |
|
|
the premises or part of the premises. |
|
|
(b) This chapter does not apply to: |
|
|
(1) a penal institution, as that term is defined by |
|
|
Section 1.07, Penal Code; or |
|
|
(2) a public primary or secondary school or |
|
|
institution of higher education. |
|
|
Sec. 365.002. TEMPORARY SECURE WEAPON STORAGE. (a) A |
|
|
political subdivision may provide temporary secure weapon storage |
|
|
for a building or portion of a building to which this chapter |
|
|
applies for persons who enter the building or portion of the |
|
|
building with a weapon prohibited in that building or portion of the |
|
|
building. |
|
|
(b) The temporary secure weapon storage may be provided by: |
|
|
(1) self-service weapon lockers described by Section |
|
|
365.003; or |
|
|
(2) other temporary secure weapon storage operated at |
|
|
all times by a designated employee of the political subdivision |
|
|
under Section 365.004. |
|
|
Sec. 365.003. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY |
|
|
SECURE STORAGE. (a) A political subdivision may provide |
|
|
self-service weapon lockers for the temporary secure storage of any |
|
|
weapon prohibited in a building or portion of a building. |
|
|
(b) A self-service weapon locker must allow secure locking |
|
|
by the user and: |
|
|
(1) provide a key for reopening; or |
|
|
(2) reopen by electronic means, such as by a |
|
|
fingerprint scan or entry of a numeric code. |
|
|
(c) A political subdivision may require a person to submit |
|
|
the person's name, the number of the person's driver's license or |
|
|
other form of identification, and the person's telephone number as |
|
|
a condition for use of a self-service weapon locker. |
|
|
(d) A person placing a weapon in a self-service weapon |
|
|
locker may designate an alternate person to whom the weapon may be |
|
|
released if the person is not able to reclaim the person's weapon |
|
|
before the 30th day after the date the weapon was placed in the |
|
|
locker. |
|
|
Sec. 365.004. TEMPORARY SECURE WEAPON STORAGE ADMINISTERED |
|
|
BY EMPLOYEE OF POLITICAL SUBDIVISION. (a) A political subdivision |
|
|
may provide temporary secure weapon storage operated by a |
|
|
designated employee of the political subdivision for a building or |
|
|
portion of a building in which weapons are prohibited. |
|
|
(b) The weapons in temporary secure weapon storage must be |
|
|
held in a safe, locker, or other location that is locked and |
|
|
accessible only to the designated employee. |
|
|
(c) If a person chooses to give to the designated employee |
|
|
the person's weapon for temporary secure storage, the employee |
|
|
shall: |
|
|
(1) securely affix a claim tag to the weapon; |
|
|
(2) provide the person with a claim receipt for |
|
|
reclaiming the weapon; |
|
|
(3) record the person's name, the number of the |
|
|
person's driver's license or other form of identification, and the |
|
|
person's telephone number; and |
|
|
(4) if designated by the person placing the weapon in |
|
|
temporary secure weapon storage, record the name of an alternate |
|
|
person to whom the weapon may be released if the person is not able |
|
|
to reclaim the person's weapon before the 30th day after the date |
|
|
the weapon was placed in storage. |
|
|
(d) A person may reclaim the person's weapon by showing the |
|
|
designated employee operating the temporary secure weapon storage: |
|
|
(1) the claim receipt given to the person at the time |
|
|
the weapon was placed in temporary secure storage; or |
|
|
(2) the person's driver's license or other form of |
|
|
identification. |
|
|
(e) A political subdivision that provides temporary secure |
|
|
weapon storage under this section shall ensure that: |
|
|
(1) the temporary secure weapon storage is available |
|
|
and monitored by a designated employee of the political subdivision |
|
|
at all times that the building or portion of the building is open to |
|
|
the public; and |
|
|
(2) a person who is choosing to place the weapon in |
|
|
storage or retrieving the weapon from storage is not required to |
|
|
wait more than a reasonable period. |
|
|
Sec. 365.005. FEES. A political subdivision under this |
|
|
chapter may collect a fee of not more than $5 for the use of a |
|
|
self-service weapon locker or other temporary secure weapon |
|
|
storage. |
|
|
Sec. 365.006. UNCLAIMED WEAPONS. (a) A weapon that is |
|
|
unclaimed at the end of a business day may be removed from the |
|
|
self-service weapon locker or other temporary secure storage and |
|
|
placed in another secure location. |
|
|
(b) If practicable, the political subdivision shall notify |
|
|
the person who placed the weapon in a self-service weapon locker or |
|
|
other temporary secure storage that the weapon is in the custody of |
|
|
the political subdivision and is subject to forfeiture if not |
|
|
reclaimed before the 30th day after the date the weapon was placed |
|
|
in a self-service weapon locker or other temporary secure storage. |
|
|
If the person provided a telephone number when the weapon was placed |
|
|
in a self-service weapon locker or other temporary secure storage, |
|
|
the political subdivision shall notify the person by using that |
|
|
telephone number. |
|
|
(c) At each location where a weapon may be placed in a |
|
|
self-service weapon locker or other temporary secure storage, the |
|
|
political subdivision shall post a sign that describes the process |
|
|
for reclaiming a weapon left in a self-service weapon locker or |
|
|
other temporary secure storage for more than one business day. |
|
|
(d) The political subdivision may require identification or |
|
|
other evidence of ownership before returning the unclaimed weapon. |
|
|
On return of the weapon, the political subdivision may charge a fee |
|
|
of not more than $10 per day and not to exceed a total of $150 for |
|
|
the extended storage of the weapon. |
|
|
(e) If the weapon is not reclaimed before the 30th day after |
|
|
the date the weapon was placed in a self-service weapon locker or |
|
|
other temporary secure storage, the weapon is forfeited. |
|
|
(f) If the forfeited weapon may not be legally possessed in |
|
|
this state, the political subdivision shall turn the weapon over to |
|
|
local law enforcement as evidence or for destruction. |
|
|
(g) If a person may legally possess the weapon in this |
|
|
state: |
|
|
(1) the forfeited weapon may be sold at public sale by |
|
|
an auctioneer licensed under Chapter 1802, Occupations Code; or |
|
|
(2) the law enforcement agency holding the weapon may |
|
|
release the weapon to another person if: |
|
|
(A) the person: |
|
|
(i) claims a right to or interest in the |
|
|
weapon and provides an affidavit confirming that the person wholly |
|
|
or partly owns the weapon or otherwise has a right to or interest in |
|
|
the weapon; or |
|
|
(ii) is an alternate person designated by |
|
|
the person under Section 365.003(d) or 365.004(c)(4); and |
|
|
(B) for a weapon that is a firearm, the law |
|
|
enforcement agency conducts a check of state and national criminal |
|
|
history record information and verifies that the person may |
|
|
lawfully possess a firearm under 18 U.S.C. Section 922(g). |
|
|
(h) Only a firearms dealer licensed under 18 U.S.C. Section |
|
|
923 may purchase a firearm at public sale under this section. |
|
|
(i) Proceeds from the sale of a weapon under this section |
|
|
shall be transferred, after the deduction of auction costs, to the |
|
|
treasury of the political subdivision. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 29 was passed by the House on April |
|
|
16, 2021, by the following vote: Yeas 109, Nays 36, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 29 on May 28, 2021, by the following vote: Yeas 102, Nays 45, 1 |
|
|
present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 29 was passed by the Senate, with |
|
|
amendments, on May 20, 2021, by the following vote: Yeas 30, Nays |
|
|
1. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |