88R3680 MCF-D
 
  By: Reynolds H.B. No. 847
 
 
 
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 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 MAY SURRENDER
  ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
  LOCATION AS PROVIDED BY SECTION 85.0221, 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 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 MAY
  SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED
  SECURE LOCATION AS PROVIDED BY SECTION 85.0221, 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 85.0221 to read as follows:
         Sec. 85.0221.  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 7B, 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.  A person
  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. A person 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 person
  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.  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
  subsection, 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 85.0221, FAMILY CODE, FOR THE
  DURATION OF THIS ORDER."
         "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) 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, 2023,
  and shall begin accepting surrendered firearms on January 1, 2024.
         (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, 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 6.  This Act takes effect September 1, 2023.