Texas 2017 - 85th 1st C.S.

Texas House Bill HB336 Compare Versions

Only one version of the bill is available at this time.

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1	1	85S10748 JSC-D
2	2	By: Swanson H.B. No. 336
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing the provision of temporary secure storage
8	8	for weapons at certain public buildings; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2165, Government Code, is amended by
11	11	adding Subchapter J to read as follows:
12	12	SUBCHAPTER J. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC
13	13	BUILDINGS
14	14	Sec. 2165.451. APPLICABILITY. (a) This subchapter applies
15	15	to a building or portion of a building:
16	16	(1) that is:
17	17	(A) used by an agency of this state; and
18	18	(B) generally open to the public; and
19	19	(2) in which:
20	20	(A) carrying a firearm, handgun, knife, or other
21	21	weapon on the premises or part of the premises would violate Chapter
22	22	46, Penal Code, or other law; or
23	23	(B) the state agency in control of the building,
24	24	by sign or otherwise, prohibits firearms, handguns, knives, or
25	25	other weapons on the premises or part of the premises.
26	26	(b) This subchapter does not apply to:
27	27	(1) a penal institution, as that term is defined by
28	28	Article 62.001, Code of Criminal Procedure; or
29	29	(2) a public primary or secondary school or
30	30	institution of higher education.
31	31	Sec. 2165.452. TEMPORARY SECURE WEAPON STORAGE. (a) A
32	32	state agency may provide temporary secure weapon storage for a
33	33	building or portion of a building to which this subchapter applies
34	34	for persons who enter the building or portion of the building with a
35	35	weapon prohibited in that building or portion of a building.
36	36	(b) The temporary secure weapon storage may be provided by:
37	37	(1) self-service weapon lockers described by Section
38	38	2165.453; or
39	39	(2) other temporary secure weapon storage operated at
40	40	all times by a public employee under Section 2165.454.
41	41	Sec. 2165.453. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY
42	42	SECURE STORAGE. (a) A state agency may provide self-service weapon
43	43	lockers for the temporary secure storage of any weapon prohibited
44	44	in a building or portion of a building.
45	45	(b) A self-service weapon locker must allow secure locking
46	46	by the user and:
47	47	(1) provide a key for reopening; or
48	48	(2) reopen by other electronic means, such as by a
49	49	fingerprint scan or entry of a numeric code.
50	50	(c) A state agency may require a person to submit the
51	51	person's name, the number of the person's driver's license or other
52	52	form of identification, and the person's telephone number as a
53	53	condition for use of a self-service weapon locker.
54	54	Sec. 2165.454. TEMPORARY SECURE WEAPON STORAGE
55	55	ADMINISTERED BY PUBLIC EMPLOYEE. (a) A state agency may provide
56	56	temporary secure weapon storage operated by a public employee for a
57	57	building or portion of a building in which weapons are prohibited.
58	58	(b) The weapons in temporary secure weapon storage must be
59	59	placed in a safe, locker, or other location that is locked and
60	60	accessible only to an employee of the state agency.
61	61	(c) If a person gives to the public employee the person's
62	62	weapon for temporary secure storage, the employee shall:
63	63	(1) securely affix a claim tag to the weapon;
64	64	(2) provide the person with a claim receipt for
65	65	reclaiming the weapon; and
66	66	(3) record the person's name, the number of the
67	67	person's driver's license or other form of identification, and the
68	68	person's telephone number.
69	69	(d) A person may reclaim the person's weapon by showing the
70	70	employee operating the temporary secure weapon storage:
71	71	(1) the claim receipt given to the person at the time
72	72	the weapon was placed in temporary secure storage; or
73	73	(2) the person's driver's license or other form of
74	74	identification.
75	75	(e) A state agency that provides temporary secure weapon
76	76	storage under this section shall ensure that:
77	77	(1) the temporary secure weapon storage is available
78	78	and monitored by a public employee at all times that the building or
79	79	portion of the building is open to the public; and
80	80	(2) a person who is placing the weapon in storage or
81	81	retrieving the weapon from storage is not required to wait more than
82	82	five minutes.
83	83	Sec. 2165.455. FEES. A state agency under this chapter may
84	84	collect a fee for each use or day of use of a self-service weapon
85	85	locker or other temporary secure weapon storage.
86	86	Sec. 2165.456. UNCLAIMED WEAPONS. (a) A weapon that is
87	87	unclaimed at the end of a business day may be removed from the
88	88	self-service weapon locker or other temporary secure storage and
89	89	placed in another secure location.
90	90	(b) If practicable, the state agency shall notify the person
91	91	who placed the weapon in a self-service weapon locker or other
92	92	temporary secure storage that the weapon is in the custody of the
93	93	state agency and is subject to forfeiture if not reclaimed before
94	94	the 30th day after the date the weapon was placed in a self-service
95	95	weapon locker or other temporary secure storage. If the person
96	96	provided a telephone number when the weapon was placed in a
97	97	self-service weapon locker or other temporary secure storage, the
98	98	state agency shall notify the person by using that telephone
99	99	number.
100	100	(c) At each location where a weapon may be placed in a
101	101	self-service weapon locker or other temporary secure storage, the
102	102	state agency shall post a sign that describes the process for
103	103	reclaiming a weapon left in a self-service weapon locker or other
104	104	temporary secure storage for more than one business day.
105	105	(d) The state agency may require identification or other
106	106	evidence of ownership before returning the unclaimed weapon. On
107	107	return of the weapon, the state agency may charge a fee for each day
108	108	that the state agency stored the weapon.
109	109	(e) If the weapon is not reclaimed before the 30th day after
110	110	the date the weapon was placed in a self-service weapon locker or
111	111	other temporary secure storage, the weapon is forfeited.
112	112	(f) If the forfeited weapon may not be legally possessed in
113	113	this state, the state agency shall turn the weapon over to local law
114	114	enforcement as evidence or for destruction.
115	115	(g) If a person may legally possess the weapon in this
116	116	state, the weapon may be sold at public sale by an auctioneer
117	117	licensed under Chapter 1802, Occupations Code.
118	118	(h) Only a firearms dealer licensed under 18 U.S.C. Section
119	119	923 may purchase a firearm at public sale under this section.
120	120	(i) Proceeds from the sale of a weapon under this section
121	121	shall be transferred, after the deduction of auction costs, to the
122	122	general revenue fund.
123	123	SECTION 2. Subtitle C, Title 11, Local Government Code, is
124	124	amended by adding Chapter 365 to read as follows:
125	125	CHAPTER 365. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC
126	126	BUILDINGS
127	127	Sec. 365.001. APPLICABILITY. (a) This chapter applies to a
128	128	building or portion of a building:
129	129	(1) that is:
130	130	(A) used by a political subdivision of this
131	131	state; and
132	132	(B) generally open to the public; and
133	133	(2) in which:
134	134	(A) carrying a firearm, handgun, knife, or other
135	135	weapon on the premises or part of the premises would violate Chapter
136	136	46, Penal Code, or other law; or
137	137	(B) the political subdivision in control of the
138	138	building, by sign or otherwise, prohibits firearms, handguns,
139	139	knives, or other weapons on the premises or part of the premises.
140	140	(b) This chapter does not apply to:
141	141	(1) a penal institution, as that term is defined by
142	142	Article 62.001, Code of Criminal Procedure; or
143	143	(2) a public primary or secondary school or
144	144	institution of higher education.
145	145	Sec. 365.002. TEMPORARY SECURE WEAPON STORAGE. (a) A
146	146	political subdivision may provide temporary secure weapon storage
147	147	for a building or portion of a building to which this chapter
148	148	applies for persons who enter the building or portion of the
149	149	building with a weapon prohibited in that building or portion of a
150	150	building.
151	151	(b) The temporary secure weapon storage may be provided by:
152	152	(1) self-service weapon lockers described by Section
153	153	365.003; or
154	154	(2) other temporary secure weapon storage operated at
155	155	all times by a public employee under Section 365.004.
156	156	Sec. 365.003. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY
157	157	SECURE STORAGE. (a) A political subdivision may provide
158	158	self-service weapon lockers for the temporary secure storage of any
159	159	weapon prohibited in a building or portion of a building.
160	160	(b) A self-service weapon locker must allow secure locking
161	161	by the user and:
162	162	(1) provide a key for reopening; or
163	163	(2) reopen by other electronic means, such as by a
164	164	fingerprint scan or entry of a numeric code.
165	165	(c) A political subdivision may require a person to submit
166	166	the person's name, the number of the person's driver's license or
167	167	other form of identification, and the person's telephone number as
168	168	a condition for use of a self-service weapon locker.
169	169	Sec. 365.004. TEMPORARY SECURE WEAPON STORAGE ADMINISTERED
170	170	BY PUBLIC EMPLOYEE. (a) A political subdivision may provide
171	171	temporary secure weapon storage operated by a public employee for a
172	172	building or portion of a building in which weapons are prohibited.
173	173	(b) The weapons in temporary secure weapon storage must be
174	174	placed in a safe, locker, or other location that is locked and
175	175	accessible only to an employee of the political subdivision.
176	176	(c) If a person gives to the public employee the person's
177	177	weapon for temporary secure storage, the employee shall:
178	178	(1) securely affix a claim tag to the weapon;
179	179	(2) provide the person with a claim receipt for
180	180	reclaiming the weapon; and
181	181	(3) record the person's name, the number of the
182	182	person's driver's license or other form of identification, and the
183	183	person's telephone number.
184	184	(d) A person may reclaim the person's weapon by showing the
185	185	employee operating the temporary secure weapon storage:
186	186	(1) the claim receipt given to the person at the time
187	187	the weapon was placed in temporary secure storage; or
188	188	(2) the person's driver's license or other form of
189	189	identification.
190	190	(e) A political subdivision that provides temporary secure
191	191	weapon storage under this section shall ensure that:
192	192	(1) the temporary secure weapon storage is available
193	193	and monitored by a public employee at all times that the building or
194	194	portion of the building is open to the public; and
195	195	(2) a person who is placing the weapon in storage or
196	196	retrieving the weapon from storage is not required to wait more than
197	197	five minutes.
198	198	Sec. 365.005. FEES. A political subdivision under this
199	199	chapter may collect a fee for each use or day of use of a
200	200	self-service weapon locker or other temporary secure weapon
201	201	storage.
202	202	Sec. 365.006. UNCLAIMED WEAPONS. (a) A weapon that is
203	203	unclaimed at the end of a business day may be removed from the
204	204	self-service weapon locker or other temporary secure storage and
205	205	placed in another secure location.
206	206	(b) If practicable, the political subdivision shall notify
207	207	the person who placed the weapon in a self-service weapon locker or
208	208	other temporary secure storage that the weapon is in the custody of
209	209	the political subdivision and is subject to forfeiture if not
210	210	reclaimed before the 30th day after the date the weapon was placed
211	211	in a self-service weapon locker or other temporary secure storage.
212	212	If the person provided a telephone number when the weapon was placed
213	213	in a self-service weapon locker or other temporary secure storage,
214	214	the political subdivision shall notify the person by using that
215	215	telephone number.
216	216	(c) At each location where a weapon may be placed in a
217	217	self-service weapon locker or other temporary secure storage, the
218	218	political subdivision shall post a sign that describes the process
219	219	for reclaiming a weapon left in a self-service weapon locker or
220	220	other temporary secure storage for more than one business day.
221	221	(d) The political subdivision may require identification or
222	222	other evidence of ownership before returning the unclaimed weapon.
223	223	On return of the weapon, the political subdivision may charge a fee
224	224	for each day that the political subdivision stored the weapon.
225	225	(e) If the weapon is not reclaimed before the 30th day after
226	226	the date the weapon was placed in a self-service weapon locker or
227	227	other temporary secure storage, the weapon is forfeited.
228	228	(f) If the forfeited weapon may not be legally possessed in
229	229	this state, the political subdivision shall turn the weapon over to
230	230	local law enforcement as evidence or for destruction.
231	231	(g) If a person may legally possess the weapon in this
232	232	state, the weapon may be sold at public sale by an auctioneer
233	233	licensed under Chapter 1802, Occupations Code.
234	234	(h) Only a firearms dealer licensed under 18 U.S.C. Section
235	235	923 may purchase a firearm at public sale under this section.
236	236	(i) Proceeds from the sale of a weapon under this section
237	237	shall be transferred, after the deduction of auction costs, to the
238	238	treasury of the political subdivision.
239	239	SECTION 3. This Act takes effect December 1, 2017.