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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a person convicted of an offense involving |
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family violence or a person who is the subject of a protective order |
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to surrender firearms owned by the person; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 68 to read as follows: |
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CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN FAMILY |
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VIOLENCE OFFENSES OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS |
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Art. 68.001. APPLICABILITY. This chapter applies to a |
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person who: |
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(1) is convicted of an offense involving family |
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violence, as defined by Section 71.004, Family Code; or |
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(2) is the subject of: |
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(A) a protective order under Chapter 85, Family |
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Code, or Subchapter A, Chapter 7B of this code; or |
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(B) a magistrate's order for emergency |
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protection under Article 17.292. |
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Art. 68.002. NOTICE AND ORDER TO SURRENDER FIREARM. On |
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conviction of a person for an offense described by Article |
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68.001(1) or issuance of an order described by Article 68.001(2), |
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the court shall: |
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(1) provide written notice to the person who was |
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convicted or who is the subject of the order that the person is |
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prohibited from acquiring, possessing, or controlling a firearm |
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under 18 U.S.C. Section 922(g); and |
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(2) order the person to surrender all firearms the |
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person owns in the manner provided by Article 68.003: |
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(A) if the person receives notice under this |
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article, within the period provided by the notice for the surrender |
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of the firearms, which may not be more than 48 hours after the |
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receipt of the notice; or |
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(B) if the person was taken into custody |
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immediately after conviction, not later than 48 hours after the |
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person is released from confinement. |
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Art. 68.003. SURRENDER OF FIREARM. A person required to |
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surrender a firearm under Article 68.002 shall surrender the |
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firearm by: |
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(1) selling the firearm to a person who is a licensed |
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firearms dealer under 18 U.S.C. Section 923; |
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(2) surrendering the firearm to a law enforcement |
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agency for holding in the manner described by Article 68.006, if the |
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person is required to surrender the firearm based on: |
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(A) a conviction described by Article 68.001(1) |
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that the person intends to appeal; or |
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(B) an order described by Article 68.001(2); or |
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(3) surrendering the firearm to a law enforcement |
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agency for disposition in the manner provided by Article 68.007, if |
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the person is required to surrender the firearm based on a |
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conviction described by Article 68.001(1) that the person does not |
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intend to appeal. |
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Art. 68.004. REQUIRED DOCUMENTATION. (a) A person subject |
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to an order under Article 68.002 who does not own a firearm shall |
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submit to the court a signed affidavit affirming that the person |
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does not own a firearm. |
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(b) A licensed firearms dealer who takes possession of a |
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firearm from a person required to surrender the firearm under |
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Article 68.002 shall immediately provide the person with a written |
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receipt for the firearm, and the person shall file the receipt with |
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the court. |
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Art. 68.005. LAW ENFORCEMENT AGENCY POLICY REGARDING |
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SURRENDER OF FIREARM; FEE. (a) A law enforcement agency that takes |
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possession of surrendered firearms under this chapter shall develop |
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any necessary forms, policies, and procedures for collecting and |
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storing and for returning, selling, or destroying the firearms. |
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(b) The law enforcement agency may impose a reasonable fee |
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for storing a firearm surrendered under this chapter. |
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Art. 68.006. HOLDING OF FIREARM SURRENDERED TO LAW |
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ENFORCEMENT AGENCY. (a) A law enforcement agency that takes |
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possession of a firearm under Article 68.003(2) shall immediately |
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provide the person surrendering the firearm a written receipt for |
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the firearm and a written notice of the procedure for the return of |
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the firearm under this article, including any applicable fees due |
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on return of the firearm. |
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(b) A person who receives a receipt under Subsection (a) |
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shall file the receipt with the court. |
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(c) Not later than the 30th day after the date of any of the |
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following, the clerk of the court shall notify the law enforcement |
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agency that, as applicable: |
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(1) the conviction for which the person was required |
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to surrender the person's firearm became final; |
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(2) the conviction for which the person was required |
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to surrender the person's firearm was vacated, dismissed, reversed |
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on appeal, or otherwise fully discharged or the person received a |
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full pardon for the conviction; or |
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(3) the order for which the person was required to |
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surrender the person's firearm has expired or has been rescinded. |
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(d) Not later than the 30th day after the date the law |
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enforcement agency holding a firearm subject to disposition under |
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this article receives the notice described by Subsection (c)(2) or |
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(3), the law enforcement agency shall conduct a check of state and |
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national criminal history record information to verify whether the |
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person may lawfully possess a firearm under 18 U.S.C. Section |
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922(g) and under the law of this state. |
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(e) If the check conducted under Subsection (d) verifies |
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that the person may lawfully possess a firearm, the law enforcement |
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agency shall provide to the person by certified mail written notice |
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stating that the firearm may be returned to the person if, before |
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the 121st day after the date of the notice, the person submits: |
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(1) a written request for the return of the firearm; |
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and |
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(2) a reasonable fee for storing the firearm in the |
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amount set by the law enforcement agency holding the firearm. |
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(f) If the law enforcement agency receives notice under |
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Subsection (c)(1) or if the check conducted under Subsection (d) |
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shows that the person may not lawfully possess a firearm, the law |
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enforcement agency shall provide to the person by certified mail |
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written notice stating that: |
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(1) the person may not lawfully possess a firearm |
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under 18 U.S.C. Section 922(g) or under the law of this state; and |
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(2) the law enforcement agency holding the firearm |
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will dispose of the firearm in the manner provided by Article |
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68.007. |
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Art. 68.007. DISPOSITION OF FIREARM SURRENDERED TO LAW |
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ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for |
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a firearm surrendered to the law enforcement agency under this |
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chapter to be sold by a person who is a licensed firearms dealer |
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under 18 U.S.C. Section 923 if: |
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(1) the person surrendered the firearm under Article |
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68.003(2) and: |
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(A) the person did not respond to notice under |
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Article 68.006(e) before the 121st day after the date of the notice; |
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or |
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(B) the law enforcement agency has provided |
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notice under Article 68.006(f) that the person may not lawfully |
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possess a firearm and that the law enforcement agency intends to |
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dispose of the firearm as provided by this article; or |
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(2) the person surrendered the firearm under Article |
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68.003(3). |
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(b) The proceeds from the sale of a firearm under this |
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article shall be paid to the owner of the firearm, less: |
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(1) the cost of administering this article with |
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respect to the firearm; and |
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(2) if applicable, a reasonable fee for storing the |
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firearm under Article 68.006 in the amount set by the law |
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enforcement agency holding the firearm. |
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(c) An unclaimed firearm that is surrendered as provided by |
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this chapter may not be destroyed or forfeited to the state. |
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Art. 68.008. FORM OF AFFIDAVIT. The Office of Court |
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Administration of the Texas Judicial System shall adopt a model |
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affidavit for purposes of Article 68.004. |
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SECTION 2. Article 7B.006(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Each protective order issued under this subchapter, |
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including a temporary ex parte order, must contain the following |
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prominently displayed statements in boldfaced type, in 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 MUST DISPOSE |
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OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED |
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BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE." |
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SECTION 3. 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 A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE |
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MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A |
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VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE |
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FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT |
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LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER |
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THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, |
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ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE |
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OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS |
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ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY |
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CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST |
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DISPOSE OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS |
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PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE." |
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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 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 MUST DISPOSE |
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OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED |
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BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE." |
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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) Chapter 68, Code of Criminal Procedure, as |
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added by this Act, applies only to a person who is convicted of an |
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offense described by Article 68.001(1), Code of Criminal Procedure, |
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as added by this Act, on or after January 1, 2022, or who is the |
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subject of an order described by Article 68.001(2), Code of |
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Criminal Procedure, as added by this Act, that is issued on or after |
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that date. A person who is convicted of an offense before January |
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1, 2022, or who is the subject of an order issued before that date is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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(b) The Office of Court Administration of the Texas Judicial |
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System shall adopt the model affidavit required by Article 68.008, |
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Code of Criminal Procedure, as added by this Act, not later than |
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December 1, 2021. |
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SECTION 6. The change in law made by this Act relating to |
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the 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, 2022. 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 7. This Act takes effect September 1, 2021. |