Texas 2019 - 86th Regular

Texas House Bill HB143 Compare Versions

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

Old	New	Differences
1	1	86R1883 JSC-D
2	2	By: Swanson H.B. No. 143
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	Section 1.07, Penal Code; 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 designated state agency employee under Section
41	41	2165.454.
42	42	Sec. 2165.453. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY
43	43	SECURE STORAGE. (a) A state agency may provide self-service weapon
44	44	lockers for the temporary secure storage of any weapon prohibited
45	45	in a building or portion of a building.
46	46	(b) A self-service weapon locker must allow secure locking
47	47	by the user and:
48	48	(1) provide a key for reopening; or
49	49	(2) reopen by electronic means, such as by a
50	50	fingerprint scan or entry of a numeric code.
51	51	(c) A state agency may require a person to submit the
52	52	person's name, the number of the person's driver's license or other
53	53	form of identification, and the person's telephone number as a
54	54	condition for use of a self-service weapon locker.
55	55	Sec. 2165.454. TEMPORARY SECURE WEAPON STORAGE
56	56	ADMINISTERED BY AGENCY EMPLOYEE. (a) A state agency may provide
57	57	temporary secure weapon storage operated by a designated agency
58	58	employee for a building or portion of a building in which weapons
59	59	are prohibited.
60	60	(b) The weapons in temporary secure weapon storage must be
61	61	held in a safe, locker, or other location that is locked and
62	62	accessible only to the designated employee.
63	63	(c) If a person chooses to give to the designated employee
64	64	the person's weapon for temporary secure storage, the employee
65	65	shall:
66	66	(1) securely affix a claim tag to the weapon;
67	67	(2) provide the person with a claim receipt for
68	68	reclaiming the weapon; and
69	69	(3) record the person's name, the number of the
70	70	person's driver's license or other form of identification, and the
71	71	person's telephone number.
72	72	(d) A person may reclaim the person's weapon by showing the
73	73	designated employee operating the temporary secure weapon storage:
74	74	(1) the claim receipt given to the person at the time
75	75	the weapon was placed in temporary secure storage; or
76	76	(2) the person's driver's license or other form of
77	77	identification.
78	78	(e) A state agency that provides temporary secure weapon
79	79	storage under this section shall ensure that:
80	80	(1) the temporary secure weapon storage is available
81	81	and monitored by a designated agency employee at all times that the
82	82	building or portion of the building is open to the public; and
83	83	(2) a person who is choosing to place the weapon in
84	84	storage or retrieving the weapon from storage is not required to
85	85	wait more than five minutes.
86	86	Sec. 2165.455. FEES. A state agency under this chapter may
87	87	collect a fee for the use of a self-service weapon locker or other
88	88	temporary secure weapon storage.
89	89	Sec. 2165.456. UNCLAIMED WEAPONS. (a) A weapon that is
90	90	unclaimed at the end of a business day may be removed from the
91	91	self-service weapon locker or other temporary secure storage and
92	92	placed in another secure location.
93	93	(b) If practicable, the state agency shall notify the person
94	94	who placed the weapon in a self-service weapon locker or other
95	95	temporary secure storage that the weapon is in the custody of the
96	96	state agency and is subject to forfeiture if not reclaimed before
97	97	the 30th day after the date the weapon was placed in a self-service
98	98	weapon locker or other temporary secure storage. If the person
99	99	provided a telephone number when the weapon was placed in a
100	100	self-service weapon locker or other temporary secure storage, the
101	101	state agency shall notify the person by using that telephone
102	102	number.
103	103	(c) At each location where a weapon may be placed in a
104	104	self-service weapon locker or other temporary secure storage, the
105	105	state agency shall post a sign that describes the process for
106	106	reclaiming a weapon left in a self-service weapon locker or other
107	107	temporary secure storage for more than one business day.
108	108	(d) The state agency may require identification or other
109	109	evidence of ownership before returning the unclaimed weapon. On
110	110	return of the weapon, the state agency may charge a fee for the
111	111	extended storage of the weapon.
112	112	(e) If the weapon is not reclaimed before the 30th day after
113	113	the date the weapon was placed in a self-service weapon locker or
114	114	other temporary secure storage, the weapon is forfeited.
115	115	(f) If the forfeited weapon may not be legally possessed in
116	116	this state, the state agency shall turn the weapon over to local law
117	117	enforcement as evidence or for destruction.
118	118	(g) If a person may legally possess the weapon in this
119	119	state, the weapon may be sold at public sale by an auctioneer
120	120	licensed under Chapter 1802, Occupations Code.
121	121	(h) Only a firearms dealer licensed under 18 U.S.C. Section
122	122	923 may purchase a firearm at public sale under this section.
123	123	(i) Proceeds from the sale of a weapon under this section
124	124	shall be transferred, after the deduction of auction costs, to the
125	125	general revenue fund.
126	126	SECTION 2. Subtitle C, Title 11, Local Government Code, is
127	127	amended by adding Chapter 365 to read as follows:
128	128	CHAPTER 365. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC
129	129	BUILDINGS
130	130	Sec. 365.001. APPLICABILITY. (a) This chapter applies to a
131	131	building or portion of a building:
132	132	(1) that is:
133	133	(A) used by a political subdivision of this
134	134	state; and
135	135	(B) generally open to the public; and
136	136	(2) in which:
137	137	(A) carrying a firearm, handgun, knife, or other
138	138	weapon on the premises or part of the premises would violate Chapter
139	139	46, Penal Code, or other law; or
140	140	(B) the political subdivision in control of the
141	141	building, by sign or otherwise, prohibits firearms, handguns,
142	142	knives, or other weapons on the premises or part of the premises.
143	143	(b) This chapter does not apply to:
144	144	(1) a penal institution, as that term is defined by
145	145	Section 1.07, Penal Code; or
146	146	(2) a public primary or secondary school or
147	147	institution of higher education.
148	148	Sec. 365.002. TEMPORARY SECURE WEAPON STORAGE. (a) A
149	149	political subdivision may provide temporary secure weapon storage
150	150	for a building or portion of a building to which this chapter
151	151	applies for persons who enter the building or portion of the
152	152	building with a weapon prohibited in that building or portion of a
153	153	building.
154	154	(b) The temporary secure weapon storage may be provided by:
155	155	(1) self-service weapon lockers described by Section
156	156	365.003; or
157	157	(2) other temporary secure weapon storage operated at
158	158	all times by a designated employee of the political subdivision
159	159	under Section 365.004.
160	160	Sec. 365.003. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY
161	161	SECURE STORAGE. (a) A political subdivision may provide
162	162	self-service weapon lockers for the temporary secure storage of any
163	163	weapon prohibited in a building or portion of a building.
164	164	(b) A self-service weapon locker must allow secure locking
165	165	by the user and:
166	166	(1) provide a key for reopening; or
167	167	(2) reopen by electronic means, such as by a
168	168	fingerprint scan or entry of a numeric code.
169	169	(c) A political subdivision may require a person to submit
170	170	the person's name, the number of the person's driver's license or
171	171	other form of identification, and the person's telephone number as
172	172	a condition for use of a self-service weapon locker.
173	173	Sec. 365.004. TEMPORARY SECURE WEAPON STORAGE ADMINISTERED
174	174	BY EMPLOYEE OF POLITICAL SUBDIVISION. (a) A political subdivision
175	175	may provide temporary secure weapon storage operated by a
176	176	designated employee of the political subdivision for a building or
177	177	portion of a building in which weapons are prohibited.
178	178	(b) The weapons in temporary secure weapon storage must be
179	179	held in a safe, locker, or other location that is locked and
180	180	accessible only to the designated employee.
181	181	(c) If a person chooses to give to the designated employee
182	182	the person's weapon for temporary secure storage, the employee
183	183	shall:
184	184	(1) securely affix a claim tag to the weapon;
185	185	(2) provide the person with a claim receipt for
186	186	reclaiming the weapon; and
187	187	(3) record the person's name, the number of the
188	188	person's driver's license or other form of identification, and the
189	189	person's telephone number.
190	190	(d) A person may reclaim the person's weapon by showing the
191	191	designated employee operating the temporary secure weapon storage:
192	192	(1) the claim receipt given to the person at the time
193	193	the weapon was placed in temporary secure storage; or
194	194	(2) the person's driver's license or other form of
195	195	identification.
196	196	(e) A political subdivision that provides temporary secure
197	197	weapon storage under this section shall ensure that:
198	198	(1) the temporary secure weapon storage is available
199	199	and monitored by a designated employee of the political subdivision
200	200	at all times that the building or portion of the building is open to
201	201	the public; and
202	202	(2) a person who is choosing to place the weapon in
203	203	storage or retrieving the weapon from storage is not required to
204	204	wait more than five minutes.
205	205	Sec. 365.005. FEES. A political subdivision under this
206	206	chapter may collect a fee for the use of a self-service weapon
207	207	locker or other temporary secure weapon storage.
208	208	Sec. 365.006. UNCLAIMED WEAPONS. (a) A weapon that is
209	209	unclaimed at the end of a business day may be removed from the
210	210	self-service weapon locker or other temporary secure storage and
211	211	placed in another secure location.
212	212	(b) If practicable, the political subdivision shall notify
213	213	the person who placed the weapon in a self-service weapon locker or
214	214	other temporary secure storage that the weapon is in the custody of
215	215	the political subdivision and is subject to forfeiture if not
216	216	reclaimed before the 30th day after the date the weapon was placed
217	217	in a self-service weapon locker or other temporary secure storage.
218	218	If the person provided a telephone number when the weapon was placed
219	219	in a self-service weapon locker or other temporary secure storage,
220	220	the political subdivision shall notify the person by using that
221	221	telephone number.
222	222	(c) At each location where a weapon may be placed in a
223	223	self-service weapon locker or other temporary secure storage, the
224	224	political subdivision shall post a sign that describes the process
225	225	for reclaiming a weapon left in a self-service weapon locker or
226	226	other temporary secure storage for more than one business day.
227	227	(d) The political subdivision may require identification or
228	228	other evidence of ownership before returning the unclaimed weapon.
229	229	On return of the weapon, the political subdivision may charge a fee
230	230	for the extended storage of the weapon.
231	231	(e) If the weapon is not reclaimed before the 30th day after
232	232	the date the weapon was placed in a self-service weapon locker or
233	233	other temporary secure storage, the weapon is forfeited.
234	234	(f) If the forfeited weapon may not be legally possessed in
235	235	this state, the political subdivision shall turn the weapon over to
236	236	local law enforcement as evidence or for destruction.
237	237	(g) If a person may legally possess the weapon in this
238	238	state, the weapon may be sold at public sale by an auctioneer
239	239	licensed under Chapter 1802, Occupations Code.
240	240	(h) Only a firearms dealer licensed under 18 U.S.C. Section
241	241	923 may purchase a firearm at public sale under this section.
242	242	(i) Proceeds from the sale of a weapon under this section
243	243	shall be transferred, after the deduction of auction costs, to the
244	244	treasury of the political subdivision.
245	245	SECTION 3. This Act takes effect September 1, 2019.