By: Ramos H.B. No. 60
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring a person convicted of an offense involving
  family violence or a person who is the subject of a protective order
  to surrender firearms owned by the person; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 68 to read as follows:
  CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN FAMILY
  VIOLENCE OFFENSES OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS
         Art. 68.001.  APPLICABILITY. This chapter applies to a
  person who:
               (1)  is convicted of an offense involving family
  violence, as defined by Section 71.004, Family Code; or
               (2)  is the subject of:
                     (A)  a protective order under Chapter 85, Family
  Code, or Subchapter A, Chapter 7B of this code; or
                     (B)  a magistrate's order for emergency
  protection under Article 17.292.
         Art. 68.002.  NOTICE AND ORDER TO SURRENDER FIREARM. On
  conviction of a person for an offense described by Article
  68.001(1) or issuance of an order described by Article 68.001(2),
  the court shall:
               (1)  provide written notice to the person who was
  convicted or who is the subject of the order that the person is
  prohibited from acquiring, possessing, or controlling a firearm
  under 18 U.S.C. Section 922(g); and
               (2)  order the person to surrender all firearms the
  person owns in the manner provided by Article 68.003:
                     (A)  if the person receives notice under this
  article, within the period provided by the notice for the surrender
  of the firearms, which may not be more than 48 hours after the
  receipt of the notice; or
                     (B)  if the person was taken into custody
  immediately after conviction, not later than 48 hours after the
  person is released from custody.
         Art. 68.003.  SURRENDER OF FIREARM. A person required to
  surrender a firearm under Article 68.002 shall surrender the
  firearm by:
               (1)  selling the firearm to a person who is a licensed
  firearms dealer under 18 U.S.C. Section 923; 
               (2)  surrendering the firearm to a law enforcement
  agency for holding in the manner described by Article 68.006, if the
  person is required to surrender the firearm based on:
                     (A)  a conviction described by Article 68.001(1)
  that the person intends to appeal; or
                     (B)  an order described by Article 68.001(2); or
               (3)  surrendering the firearm to a law enforcement
  agency for disposition in the manner provided by Article 68.007, if
  the person is required to surrender the firearm based on a
  conviction described by Article 68.001(1) that the person does not
  intend to appeal.
         Art. 68.004.  REQUIRED DOCUMENTATION. (a) A person subject
  to an order under Article 68.002 who does not own a firearm shall
  submit to the court a signed affidavit affirming that the person
  does not own a firearm.
         (b)  A licensed firearms dealer who takes possession of a
  firearm from a person required to surrender the firearm under
  Article 68.002 shall immediately provide the person with a written
  receipt for the firearm, and the person shall file the receipt with
  the court.
         Art. 68.005.  LAW ENFORCEMENT AGENCY POLICY REGARDING
  SURRENDER OF FIREARM; FEE. (a) A law enforcement agency that takes
  possession of surrendered firearms under this chapter shall develop
  any necessary forms, policies, and procedures for collecting and
  storing and for returning, selling, or destroying the firearms.
         (b)  The law enforcement agency may impose a reasonable fee
  for storing a firearm surrendered under this chapter.
         Art. 68.006.  HOLDING OF FIREARM SURRENDERED TO LAW
  ENFORCEMENT AGENCY. (a) A law enforcement agency that takes
  possession of a firearm under Article 68.003(2) shall immediately
  provide the person surrendering the firearm a written receipt for
  the firearm and a written notice of the procedure for the return of
  the firearm under this article, including any applicable fees due
  on return of the firearm.
         (b)  A person who receives a receipt under Subsection (a)
  shall file the receipt with the court.
         (c)  Not later than the 30th day after the date of any of the
  following, the clerk of the court shall notify the law enforcement
  agency that, as applicable:
               (1)  the conviction for which the person was required
  to surrender the person's firearm became final;
               (2)  the conviction for which the person was required
  to surrender the person's firearm was vacated, dismissed, reversed
  on appeal, or otherwise fully discharged or the person received a
  full pardon for the conviction; or
               (3)  the order for which the person was required to
  surrender the person's firearm has expired or has been rescinded.
         (d)  Not later than the 30th day after the date the law
  enforcement agency holding a firearm subject to disposition under
  this article receives the notice described by Subsection (c)(2) or
  (3), the law enforcement agency shall conduct a check of state and
  national criminal history record information to verify whether the
  person may lawfully possess a firearm under 18 U.S.C. Section
  922(g) and under the law of this state.
         (e)  If the check conducted under Subsection (d) verifies
  that the person may lawfully possess a firearm, the law enforcement
  agency shall provide to the person by certified mail written notice
  stating that the firearm may be returned to the person if, before
  the 121st day after the date of the notice, the person submits:
               (1)  a written request for the return of the firearm;
  and
               (2)  a reasonable fee for storing the firearm in the
  amount set by the law enforcement agency holding the firearm.
         (f)  If the law enforcement agency receives notice under
  Subsection (c)(1) or if the check conducted under Subsection (d)
  shows that the person may not lawfully possess a firearm, the law
  enforcement agency shall provide to the person by certified mail
  written notice stating that:
               (1)  the person may not lawfully possess a firearm
  under 18 U.S.C. Section 922(g) or under the law of this state; and
               (2)  the law enforcement agency holding the firearm
  will dispose of the firearm in the manner provided by Article
  68.007.
         Art. 68.007.  DISPOSITION OF FIREARM SURRENDERED TO LAW
  ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for
  a firearm surrendered to the law enforcement agency under this
  chapter to be sold by a person who is a licensed firearms dealer
  under 18 U.S.C. Section 923 if:
               (1)  the person surrendered the firearm under Article
  68.003(2) and:
                     (A)  the person did not respond to notice under
  Article 68.006(e) before the 121st day after the date of the notice;
  or
                     (B)  the law enforcement agency has provided
  notice under Article 68.006(f) that the person may not lawfully
  possess a firearm and that the law enforcement agency intends to
  dispose of the firearm as provided by this article; or
               (2)  the person surrendered the firearm under Article
  68.003(3).
         (b)  The proceeds from the sale of a firearm under this
  article shall be paid to the owner of the firearm, less:
               (1)  the cost of administering this article with
  respect to the firearm; and
               (2)  if applicable, a reasonable fee for storing the
  firearm under Article 68.006 in the amount set by the law
  enforcement agency holding the firearm.
         (c)  An unclaimed firearm that is surrendered as provided by
  this chapter may not be destroyed or forfeited to the state.
         Art. 68.008.  FORM OF AFFIDAVIT. The Office of Court
  Administration of the Texas Judicial System shall adopt a model
  affidavit for purposes of Article 68.004.
         SECTION 2.  Article 7B.006(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  Each protective order issued under this subchapter,
  including a temporary ex parte order, must contain the following
  prominently displayed statements in boldfaced type, in 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 MUST DISPOSE
  OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED
  BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
         SECTION 3.  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 A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
  MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
  VIOLATION OF THIS ORDER. 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 MUST
  DISPOSE OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS
  PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
         "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 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 MUST DISPOSE
  OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED
  BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
         "IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
  CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
  EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
  ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
  IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
               "(1)  THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
  RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
  IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
               "(2)  THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
  RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
  IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
         "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) Chapter 68, Code of Criminal Procedure, as
  added by this Act, applies only to a person who is convicted of an
  offense described by Article 68.001(1), Code of Criminal Procedure,
  as added by this Act, on or after January 1, 2024, or who is the
  subject of an order described by Article 68.001(2), Code of
  Criminal Procedure, as added by this Act, that is issued on or after
  that date. A person who is convicted of an offense before January
  1, 2024, or who is the subject of an order issued before that date is
  governed by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         (b)  The Office of Court Administration of the Texas Judicial
  System shall adopt the model affidavit required by Article 68.008,
  Code of Criminal Procedure, as added by this Act, not later than
  December 1, 2023.
         SECTION 6.  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, 2024. 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 7.  This Act takes effect on the 91st day after the
  last day of the legislative session.