86R918 LHC-D
By: Rodriguez H.B. No. 1208
A BILL TO BE ENTITLED
AN ACT
relating to the storage of firearms surrendered by a person subject
to a magistrate's order for emergency protection or protective
order as a result of family violence, sexual assault or abuse,
stalking, or trafficking of persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 7A.06(a), Code of Criminal Procedure, is
amended to read as follows:
(a) Each protective order issued under this chapter,
including a temporary ex parte order, must contain the following
prominently displayed statements in boldfaced type, capital
letters, or underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
UNLESS A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER
ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
LOCATION AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE
DURATION OF THIS ORDER."
SECTION 2. Article 17.292(g), Code of Criminal Procedure,
is amended to read as follows:
(g) An order for emergency protection issued under this
article must contain the following statements printed in bold-face
type or in capital letters:
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
RESULTS IN FAMILY VIOLENCE OR A STALKING OR TRAFFICKING OFFENSE MAY
BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS
APPLICABLE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE,
IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO
YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE
OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED
IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY
OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE
PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR
IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER ANY
FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE LOCATION
AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE DURATION OF
THIS ORDER.
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
UNLESS A COURT CHANGES THE ORDER."
SECTION 3. Subchapter B, Chapter 85, Family Code, is
amended by adding Section 85.0225 to read as follows:
Sec. 85.0225. PROVISIONS FOR SURRENDER OF FIREARM BY PERSON
SUBJECT TO PROTECTIVE ORDER. (a) The commissioners court of each
county shall designate a secure location to store firearms
surrendered under this section.
(b) A person subject to a protective order under this
chapter or Chapter 7A, Code of Criminal Procedure, or a
magistrate's order for emergency protection under Article 17.292,
Code of Criminal Procedure, may surrender a firearm possessed by
the person to the secure location designated by the commissioners
court in the county in which the person resides. The individual
responsible for the administration of the designated secure
location shall accept the firearm and store it in the secure
location until the expiration of the protective order. An
individual who accepts a surrendered firearm shall immediately
provide the person surrendering the firearm a written copy of the
receipt for the firearm and a written notice of the procedure for
the return of the firearm.
(c) Unless otherwise prohibited by law from possessing a
firearm, a person who surrenders a firearm under Subsection (b) is
entitled to the return of the firearm on the expiration of the
protective order and after making a request to the individual
responsible for administering the secure location to which the
firearm was surrendered.
(d) If the firearm is not requested before the 61st day
after the date the protective order expires, the commissioners
court shall order the firearm destroyed, sold at public sale by an
auctioneer licensed under Chapter 1802, Occupations Code, or
forfeited to the state for use by a law enforcement agency in the
county, designated by the commissioners court. Only a firearms
dealer licensed under 18 U.S.C. Section 923 may purchase a firearm
at public sale under this subsection. Proceeds from the sale of an
unclaimed firearm under this section, after deduction of auction
costs, shall be deposited in the county treasury in a special fund
to be used to administer the secure location for the surrender of
firearms under this section. An expenditure from the fund may be
made only in accordance with a budget approved by the commissioners
court.
SECTION 4. Section 85.026(a), Family Code, is amended to
read as follows:
(a) Each protective order issued under this subtitle,
including a temporary ex parte order, must contain the following
prominently displayed statements in boldfaced type, capital
letters, or underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
UNLESS A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER
ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
LOCATION AS PROVIDED BY SECTION 85.0225, FAMILY CODE, FOR THE
DURATION OF THIS ORDER."
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
FOR AT LEAST TWO YEARS."
SECTION 5. (a) The commissioners court of each county shall
designate a secure location for the storage of surrendered
firearms, as required by this Act, not later than December 1, 2019,
and shall begin accepting surrendered firearms on January 1, 2020.
(b) The change in law made by this Act relating to the
contents of a protective order or a magistrate's order for
emergency protection applies to an order issued on or after January
1, 2020. An order issued before that date is governed by the law as
it existed immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2019.