Texas 2019 - 86th Regular

Texas House Bill HB1208 Compare Versions

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

Old	New	Differences
1	1	86R918 LHC-D
2	2	By: Rodriguez H.B. No. 1208
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the storage of firearms surrendered by a person subject
8	8	to a magistrate's order for emergency protection or protective
9	9	order as a result of family violence, sexual assault or abuse,
10	10	stalking, or trafficking of persons.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 7A.06(a), Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	(a) Each protective order issued under this chapter,
15	15	including a temporary ex parte order, must contain the following
16	16	prominently displayed statements in boldfaced type, capital
17	17	letters, or underlined:
18	18	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
19	19	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
20	20	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
21	21	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
22	22	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
23	23	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
24	24	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
25	25	UNLESS A COURT CHANGES THE ORDER."
26	26	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
27	27	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
28	28	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
29	29	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
30	30	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER
31	31	ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
32	32	LOCATION AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE
33	33	DURATION OF THIS ORDER."
34	34	SECTION 2. Article 17.292(g), Code of Criminal Procedure,
35	35	is amended to read as follows:
36	36	(g) An order for emergency protection issued under this
37	37	article must contain the following statements printed in bold-face
38	38	type or in capital letters:
39	39	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
40	40	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
41	41	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
42	42	RESULTS IN FAMILY VIOLENCE OR A STALKING OR TRAFFICKING OFFENSE MAY
43	43	BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS
44	44	APPLICABLE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE,
45	45	IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO
46	46	YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE
47	47	OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED
48	48	IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY
49	49	OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE
50	50	PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR
51	51	IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER ANY
52	52	FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE LOCATION
53	53	AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE DURATION OF
54	54	THIS ORDER.
55	55	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
56	56	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
57	57	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
58	58	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
59	59	UNLESS A COURT CHANGES THE ORDER."
60	60	SECTION 3. Subchapter B, Chapter 85, Family Code, is
61	61	amended by adding Section 85.0225 to read as follows:
62	62	Sec. 85.0225. PROVISIONS FOR SURRENDER OF FIREARM BY PERSON
63	63	SUBJECT TO PROTECTIVE ORDER. (a) The commissioners court of each
64	64	county shall designate a secure location to store firearms
65	65	surrendered under this section.
66	66	(b) A person subject to a protective order under this
67	67	chapter or Chapter 7A, Code of Criminal Procedure, or a
68	68	magistrate's order for emergency protection under Article 17.292,
69	69	Code of Criminal Procedure, may surrender a firearm possessed by
70	70	the person to the secure location designated by the commissioners
71	71	court in the county in which the person resides. The individual
72	72	responsible for the administration of the designated secure
73	73	location shall accept the firearm and store it in the secure
74	74	location until the expiration of the protective order. An
75	75	individual who accepts a surrendered firearm shall immediately
76	76	provide the person surrendering the firearm a written copy of the
77	77	receipt for the firearm and a written notice of the procedure for
78	78	the return of the firearm.
79	79	(c) Unless otherwise prohibited by law from possessing a
80	80	firearm, a person who surrenders a firearm under Subsection (b) is
81	81	entitled to the return of the firearm on the expiration of the
82	82	protective order and after making a request to the individual
83	83	responsible for administering the secure location to which the
84	84	firearm was surrendered.
85	85	(d) If the firearm is not requested before the 61st day
86	86	after the date the protective order expires, the commissioners
87	87	court shall order the firearm destroyed, sold at public sale by an
88	88	auctioneer licensed under Chapter 1802, Occupations Code, or
89	89	forfeited to the state for use by a law enforcement agency in the
90	90	county, designated by the commissioners court. Only a firearms
91	91	dealer licensed under 18 U.S.C. Section 923 may purchase a firearm
92	92	at public sale under this subsection. Proceeds from the sale of an
93	93	unclaimed firearm under this section, after deduction of auction
94	94	costs, shall be deposited in the county treasury in a special fund
95	95	to be used to administer the secure location for the surrender of
96	96	firearms under this section. An expenditure from the fund may be
97	97	made only in accordance with a budget approved by the commissioners
98	98	court.
99	99	SECTION 4. Section 85.026(a), Family Code, is amended to
100	100	read as follows:
101	101	(a) Each protective order issued under this subtitle,
102	102	including a temporary ex parte order, must contain the following
103	103	prominently displayed statements in boldfaced type, capital
104	104	letters, or underlined:
105	105	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
106	106	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
107	107	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
108	108	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
109	109	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
110	110	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
111	111	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
112	112	UNLESS A COURT CHANGES THE ORDER."
113	113	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
114	114	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
115	115	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
116	116	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
117	117	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER
118	118	ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
119	119	LOCATION AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE
120	120	DURATION OF THIS ORDER."
121	121	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
122	122	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
123	123	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
124	124	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
125	125	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
126	126	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
127	127	FOR AT LEAST TWO YEARS."
128	128	SECTION 5. (a) The commissioners court of each county shall
129	129	designate a secure location for the storage of surrendered
130	130	firearms, as required by this Act, not later than December 1, 2019,
131	131	and shall begin accepting surrendered firearms on January 1, 2020.
132	132	(b) The change in law made by this Act relating to the
133	133	contents of a protective order or a magistrate's order for
134	134	emergency protection applies to an order issued on or after January
135	135	1, 2020. An order issued before that date is governed by the law as
136	136	it existed immediately before the effective date of this Act, and
137	137	the former law is continued in effect for that purpose.
138	138	SECTION 6. This Act takes effect September 1, 2019.