85R11313 JSC-D
By: Uresti H.B. No. 2712
A BILL TO BE ENTITLED
AN ACT
relating to a firearm buyback program administered by certain local
law enforcement agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 11, Local Government Code, is
amended by adding Chapter 364 to read as follows:
CHAPTER 364. LOCAL LAW ENFORCEMENT AGENCY FIREARM BUYBACK PROGRAMS
Sec. 364.001. DEFINITION. In this chapter, "local law
enforcement agency" means a municipal police department or
sheriff's department.
Sec. 364.002. FIREARM BUYBACK PROGRAM. A firearm buyback
program is a program under which a local law enforcement agency
seeks to reduce violence or crime in the community by offering a
payment as an incentive for each firearm surrendered to the agency.
Sec. 364.003. SURRENDER OF FIREARM. (a) A person may
surrender a firearm to any local law enforcement agency in this
state.
(b) A person who surrenders a firearm under this section is
not subject to prosecution for the possession of the firearm.
Sec. 364.004. MONETARY INCENTIVES. A local law enforcement
agency shall pay $100 to the surrendering person for each firearm
surrendered under this chapter.
Sec. 364.005. RETENTION AND RETURN OF FIREARM. (a) A local
law enforcement agency that receives a firearm surrendered under
this chapter may not dispose of the firearm under Section 364.006
before the 30th day after the date the firearm is surrendered.
(b) The local law enforcement agency shall return the
firearm to the owner of the firearm if the owner:
(1) shows documentation that the owner lawfully owns
the firearm;
(2) attests that the owner did not authorize the
surrender of the firearm; and
(3) remits to the agency reimbursement for the $100
paid to the person who surrendered the firearm.
Sec. 364.006. DISPOSITION OF SURRENDERED FIREARMS. (a) A
local law enforcement agency may retain a surrendered firearm as
evidence of an offense other than possession of a firearm.
(b) If a firearm is surrendered under this chapter and not
retained as evidence, the local law enforcement agency shall
destroy the firearm.
Sec. 364.007. REIMBURSEMENT BY COMPTROLLER. (a) A local
law enforcement agency may monthly submit to the comptroller of
public accounts an invoice for amounts paid for firearms
surrendered under the firearm buyback program on a form adopted by
the comptroller.
(b) Not later than the fifth working day after the date the
comptroller receives the invoice, the comptroller shall reimburse
the local law enforcement agency.
SECTION 2. This Act takes effect September 1, 2017.