| 1 | 1 | | 85R11313 JSC-D |
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| 2 | 2 | | By: Uresti H.B. No. 2712 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a firearm buyback program administered by certain local |
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| 8 | 8 | | law enforcement agencies. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle C, Title 11, Local Government Code, is |
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| 11 | 11 | | amended by adding Chapter 364 to read as follows: |
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| 12 | 12 | | CHAPTER 364. LOCAL LAW ENFORCEMENT AGENCY FIREARM BUYBACK PROGRAMS |
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| 13 | 13 | | Sec. 364.001. DEFINITION. In this chapter, "local law |
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| 14 | 14 | | enforcement agency" means a municipal police department or |
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| 15 | 15 | | sheriff's department. |
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| 16 | 16 | | Sec. 364.002. FIREARM BUYBACK PROGRAM. A firearm buyback |
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| 17 | 17 | | program is a program under which a local law enforcement agency |
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| 18 | 18 | | seeks to reduce violence or crime in the community by offering a |
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| 19 | 19 | | payment as an incentive for each firearm surrendered to the agency. |
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| 20 | 20 | | Sec. 364.003. SURRENDER OF FIREARM. (a) A person may |
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| 21 | 21 | | surrender a firearm to any local law enforcement agency in this |
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| 22 | 22 | | state. |
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| 23 | 23 | | (b) A person who surrenders a firearm under this section is |
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| 24 | 24 | | not subject to prosecution for the possession of the firearm. |
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| 25 | 25 | | Sec. 364.004. MONETARY INCENTIVES. A local law enforcement |
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| 26 | 26 | | agency shall pay $100 to the surrendering person for each firearm |
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| 27 | 27 | | surrendered under this chapter. |
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| 28 | 28 | | Sec. 364.005. RETENTION AND RETURN OF FIREARM. (a) A local |
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| 29 | 29 | | law enforcement agency that receives a firearm surrendered under |
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| 30 | 30 | | this chapter may not dispose of the firearm under Section 364.006 |
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| 31 | 31 | | before the 30th day after the date the firearm is surrendered. |
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| 32 | 32 | | (b) The local law enforcement agency shall return the |
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| 33 | 33 | | firearm to the owner of the firearm if the owner: |
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| 34 | 34 | | (1) shows documentation that the owner lawfully owns |
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| 35 | 35 | | the firearm; |
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| 36 | 36 | | (2) attests that the owner did not authorize the |
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| 37 | 37 | | surrender of the firearm; and |
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| 38 | 38 | | (3) remits to the agency reimbursement for the $100 |
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| 39 | 39 | | paid to the person who surrendered the firearm. |
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| 40 | 40 | | Sec. 364.006. DISPOSITION OF SURRENDERED FIREARMS. (a) A |
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| 41 | 41 | | local law enforcement agency may retain a surrendered firearm as |
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| 42 | 42 | | evidence of an offense other than possession of a firearm. |
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| 43 | 43 | | (b) If a firearm is surrendered under this chapter and not |
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| 44 | 44 | | retained as evidence, the local law enforcement agency shall |
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| 45 | 45 | | destroy the firearm. |
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| 46 | 46 | | Sec. 364.007. REIMBURSEMENT BY COMPTROLLER. (a) A local |
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| 47 | 47 | | law enforcement agency may monthly submit to the comptroller of |
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| 48 | 48 | | public accounts an invoice for amounts paid for firearms |
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| 49 | 49 | | surrendered under the firearm buyback program on a form adopted by |
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| 50 | 50 | | the comptroller. |
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| 51 | 51 | | (b) Not later than the fifth working day after the date the |
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| 52 | 52 | | comptroller receives the invoice, the comptroller shall reimburse |
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| 53 | 53 | | the local law enforcement agency. |
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| 54 | 54 | | SECTION 2. This Act takes effect September 1, 2017. |
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