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A BILL TO BE ENTITLED
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AN ACT
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relating to the development of a model policy by the Office of Court |
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Administration of the Texas Judicial System for the enforcement and |
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implementation of state laws regarding certain persons prohibited |
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by law from possessing a firearm or ammunition. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) In this section, "office" means the Office |
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of Court Administration of the Texas Judicial System. |
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(b) The Office of Court Administration of the Texas Judicial |
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System shall develop and recommend a model policy regarding the |
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enforcement and implementation of state laws relating to: |
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(1) preventing the possession of a firearm or |
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ammunition by a person prohibited by law from possessing those |
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items; and |
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(2) providing for the transfer of a firearm or |
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ammunition by a person described by Subdivision (1) of this |
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subsection. |
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(c) The model policy must include provisions relating to the |
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transfer and, when applicable, return of firearms and ammunition |
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owned by a person prohibited from possessing a firearm or |
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ammunition. |
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(d) In developing the model policy, the office shall include |
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provisions to ensure due process protections, including by |
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recommending policies, forms, and practices to provide notice to a |
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person prohibited from possessing a firearm or ammunition, law |
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enforcement, and any other relevant third parties. |
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(e) The model policy must: |
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(1) be capable of being adopted and implemented by |
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municipalities, counties, courts, and local law enforcement |
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agencies; |
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(2) apply equally to all persons prohibited from |
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possessing a firearm or ammunition under state or federal law; |
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(3) provide clear guidance regarding the transfer of a |
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firearm or ammunition; and |
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(4) expressly require proof of compliance by a person |
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prohibited by law from possessing a firearm or ammunition. |
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(f) Not later than September 1, 2024, the office shall |
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submit an electronic report on the recommended model policy to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, and the members of the legislature. |
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(g) This Act expires October 1, 2024. |
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SECTION 2. This Act takes effect September 1, 2023. |