84R652 MAW-D
By: Ellis S.B. No. 257
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of a lost or stolen firearm; providing
criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.0511 to read as follows:
Sec. 411.0511. REPORT TO DEPARTMENT REGARDING LOST OR
STOLEN FIREARM. (a) A law enforcement agency that receives a
report of a lost or stolen firearm shall provide a copy of the
report to the department in the form and manner and at regular
intervals as prescribed by rules adopted by the department. The
rules must require submission of any original or supplemental
investigative report related to the firearm and must require the
law enforcement agency to submit for each firearm reported lost or
stolen:
(1) the county and, if applicable, municipality in
which the firearm was lost or stolen; and
(2) a description of the firearm, including the serial
number of the firearm if known.
(b) The department shall analyze information received under
this section and shall make the analysis available to any local law
enforcement agency, political subdivision, or state agency to the
extent the analysis is reasonably necessary or useful to the agency
or subdivision in carrying out duties imposed by law on the agency
or subdivision. Dissemination of the analysis required by this
subsection is subject to all confidentiality requirements imposed
by other law. This subsection may not be construed to enable direct
access by a person to information analyzed by the department under
this section if the person does not otherwise have direct access to
that information.
SECTION 2. Chapter 46, Penal Code, is amended by adding
Section 46.16 to read as follows:
Sec. 46.16. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a)
A person commits an offense if the person:
(1) owns a firearm that is subsequently lost by or
stolen from the person; and
(2) fails to report the loss or theft to a peace
officer or law enforcement agency on or before the 48th hour after
the time the person knew or reasonably should have known the firearm
was lost or stolen.
(b) A person commits an offense if the person knowingly
makes a false report of a lost or stolen firearm to a peace officer
or law enforcement agency.
(c) A person commits an offense if the person:
(1) reports the loss or theft of a firearm to a peace
officer or law enforcement agency;
(2) subsequently recovers the firearm; and
(3) fails to report the recovery to the officer or
agency before the 31st day after the date the person recovers the
firearm.
(d) An offense under Subsection (a) is a Class C
misdemeanor, except that the offense is a Class B misdemeanor if it
is shown on the trial of the offense that the person has been
previously convicted of an offense under that subsection.
(e) An offense under Subsection (b) or (c) is a Class C
misdemeanor with a maximum fine of $250.
(f) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
SECTION 3. Section 46.16(a), Penal Code, as added by this
Act, applies only to a firearm that is lost or stolen on or after the
effective date of this Act. A firearm that was lost or stolen
before the effective date of this Act is governed by the law in
effect on the date the firearm was lost or stolen, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.