87R3217 TSS-F
By: Moody H.B. No. 1253
A BILL TO BE ENTITLED
AN ACT
relating to the creation of county task forces for the disposition
of a firearm a person is prohibited from possessing under certain
court orders related to family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 236, Local Government Code, is amended
by adding Section 236.004 to read as follows:
Sec. 236.004. COUNTY TASK FORCES RELATING TO DISPOSITION OF
FIREARMS PROHIBITED UNDER COURT ORDER RELATED TO FAMILY VIOLENCE.
(a) In this section:
(1) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(2) "Family violence center" means a public or private
nonprofit organization that provides, as its primary purpose,
services, including the services under Section 51.005(b)(3), Human
Resources Code, to victims of family violence, as defined by
Section 51.002, Human Resources Code.
(3) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(4) "Task force" means a task force created by a county
under this section for the surrender, transfer, or other
disposition of a firearm a person is prohibited from possessing
under a court order related to family violence and for the return or
other disposition of a surrendered firearm.
(b) Each county commissioners court shall establish a task
force under this section that must include the following members if
applicable for the county:
(1) the chief administrative officer of a family
violence center or the chief administrator's designee;
(2) the chief of police of the municipality having the
largest population in the county or the chief's designee;
(3) the sheriff of the county or the sheriff's
designee;
(4) a judge of a court in the county with jurisdiction
over cases involving family violence; and
(5) a prosecutor with jurisdiction in the county over
cases involving family violence.
(c) The county commissioners court shall call the first
meeting of the task force at which the members shall elect a
presiding officer. All subsequent meetings shall be held at the
call of the presiding officer.
(d) The presiding officer may appoint additional members to
the task force if necessary for the task force to complete its
duties under Subsection (g).
(e) The task force may consult with individuals or
organizations having knowledge and experience in the issues of
firearms and family violence.
(f) A vacancy for a member of the task force shall be filled
immediately and in the same manner as the original appointment.
(g) The task force shall develop policy recommendations,
model forms, and guidelines for best practices related to:
(1) the surrender, transfer, or other disposition of a
firearm a person is prohibited from possessing under an order
issued as a result of or to prevent family violence, including:
(A) a protective order issued under Title 4,
Family Code, or Chapter 7B, Code of Criminal Procedure;
(B) a magistrate's order of emergency protection
issued under Article 17.292, Code of Criminal Procedure;
(C) an order setting the conditions of bond for a
defendant charged with an offense involving family violence under
Article 17.49, Code of Criminal Procedure; and
(D) an order granting community supervision to a
defendant convicted of an offense involving family violence, as
described by Article 42A.504, Code of Criminal Procedure; and
(2) the receipt, storage, and return or other
disposition of a firearm surrendered under Subdivision (1).
(h) In developing the recommendations, forms, and
guidelines required under this section, the task force shall:
(1) consult with a family violence advocacy
organization that provides services throughout the state;
(2) prioritize the safety of victims of family
violence, including victims of dating violence and victims of
emotional harm or abuse, and law enforcement personnel;
(3) ensure due process is provided;
(4) provide specific guidance on:
(A) policies and procedures for the surrender,
transfer, or other disposition of a firearm by a person subject to
an order described by Subsection (g)(1);
(B) policies and procedures for the receipt and
disposition of a transferred firearm by a firearms dealer licensed
under 18 U.S.C. Section 923 or a person not prohibited from
possessing a firearm by state or federal law;
(C) policies and procedures for the receipt and
storage of a surrendered firearm by a law enforcement agency or
other governmental entity and standards of care regarding the
storage of the surrendered firearm;
(D) policies and procedures for the return or
other disposition of a surrendered firearm by the law enforcement
agency or other governmental entity storing the firearm after the
order described by Subsection (g)(1) expires or is rescinded; and
(E) policies and procedures for compensating the
owner of a surrendered firearm that is damaged or destroyed while in
the possession of a law enforcement agency or other governmental
entity or while in the possession of an entity operating under a
contract with a governmental entity for the purpose of storing
surrendered firearms;
(5) require verification that a person described by
Subdivision (4)(A) has surrendered, transferred, or otherwise
disposed of all firearms in the person's possession; and
(6) provide for an enforcement option if a
verification is not made within 48 hours of the issuance of an order
described by Subsection (g)(1).
(i) The task force shall make available all
recommendations, forms, and guidelines developed under this
section to all judges with jurisdiction over cases involving family
violence in the county and all law enforcement agencies with
jurisdiction in the county.
(j) The task force shall meet not later than the 90th day
following the end of each regular legislative session to review and
amend any recommendations, forms, or guidelines developed under
this section.
(k) Not later than December 1 of each odd-numbered year, the
task force shall provide the county commissioners court a report
including:
(1) a list of task force members;
(2) a summary of all recommendations, forms, and
guidelines developed under this section;
(3) a description of practices and procedures in the
courts and law enforcement agencies within the county in regard to:
(A) the surrender, transfer, or other
disposition of a firearm a person is prohibited from possessing
under an order issued as a result of or to prevent family violence;
and
(B) the receipt, storage, and return or other
disposition of a surrendered firearm; and
(4) a description of potential sources of funding
available to implement recommendations.
(l) The commissioners courts of multiple counties may agree
to form a regional task force under this section to serve the needs
of all counties in the agreement.
SECTION 2. Notwithstanding the requirement in Section
236.004, Local Government Code, as added by this Act, that a report
be submitted by December 1 of each odd-numbered year, a task force
created under that section shall submit its first report to the
county commissioners court not later than June 1, 2022.
SECTION 3. This Act takes effect September 1, 2021.