Texas 2021 - 87th Regular

Texas House Bill HB1253 Compare Versions

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

Old	New	Differences
1	1	87R3217 TSS-F
2	2	By: Moody H.B. No. 1253
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of county task forces for the disposition
8	8	of a firearm a person is prohibited from possessing under certain
9	9	court orders related to family violence.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 236, Local Government Code, is amended
12	12	by adding Section 236.004 to read as follows:
13	13	Sec. 236.004. COUNTY TASK FORCES RELATING TO DISPOSITION OF
14	14	FIREARMS PROHIBITED UNDER COURT ORDER RELATED TO FAMILY VIOLENCE.
15	15	(a) In this section:
16	16	(1) "Family violence" has the meaning assigned by
17	17	Section 71.004, Family Code.
18	18	(2) "Family violence center" means a public or private
19	19	nonprofit organization that provides, as its primary purpose,
20	20	services, including the services under Section 51.005(b)(3), Human
21	21	Resources Code, to victims of family violence, as defined by
22	22	Section 51.002, Human Resources Code.
23	23	(3) "Firearm" has the meaning assigned by Section
24	24	46.01, Penal Code.
25	25	(4) "Task force" means a task force created by a county
26	26	under this section for the surrender, transfer, or other
27	27	disposition of a firearm a person is prohibited from possessing
28	28	under a court order related to family violence and for the return or
29	29	other disposition of a surrendered firearm.
30	30	(b) Each county commissioners court shall establish a task
31	31	force under this section that must include the following members if
32	32	applicable for the county:
33	33	(1) the chief administrative officer of a family
34	34	violence center or the chief administrator's designee;
35	35	(2) the chief of police of the municipality having the
36	36	largest population in the county or the chief's designee;
37	37	(3) the sheriff of the county or the sheriff's
38	38	designee;
39	39	(4) a judge of a court in the county with jurisdiction
40	40	over cases involving family violence; and
41	41	(5) a prosecutor with jurisdiction in the county over
42	42	cases involving family violence.
43	43	(c) The county commissioners court shall call the first
44	44	meeting of the task force at which the members shall elect a
45	45	presiding officer. All subsequent meetings shall be held at the
46	46	call of the presiding officer.
47	47	(d) The presiding officer may appoint additional members to
48	48	the task force if necessary for the task force to complete its
49	49	duties under Subsection (g).
50	50	(e) The task force may consult with individuals or
51	51	organizations having knowledge and experience in the issues of
52	52	firearms and family violence.
53	53	(f) A vacancy for a member of the task force shall be filled
54	54	immediately and in the same manner as the original appointment.
55	55	(g) The task force shall develop policy recommendations,
56	56	model forms, and guidelines for best practices related to:
57	57	(1) the surrender, transfer, or other disposition of a
58	58	firearm a person is prohibited from possessing under an order
59	59	issued as a result of or to prevent family violence, including:
60	60	(A) a protective order issued under Title 4,
61	61	Family Code, or Chapter 7B, Code of Criminal Procedure;
62	62	(B) a magistrate's order of emergency protection
63	63	issued under Article 17.292, Code of Criminal Procedure;
64	64	(C) an order setting the conditions of bond for a
65	65	defendant charged with an offense involving family violence under
66	66	Article 17.49, Code of Criminal Procedure; and
67	67	(D) an order granting community supervision to a
68	68	defendant convicted of an offense involving family violence, as
69	69	described by Article 42A.504, Code of Criminal Procedure; and
70	70	(2) the receipt, storage, and return or other
71	71	disposition of a firearm surrendered under Subdivision (1).
72	72	(h) In developing the recommendations, forms, and
73	73	guidelines required under this section, the task force shall:
74	74	(1) consult with a family violence advocacy
75	75	organization that provides services throughout the state;
76	76	(2) prioritize the safety of victims of family
77	77	violence, including victims of dating violence and victims of
78	78	emotional harm or abuse, and law enforcement personnel;
79	79	(3) ensure due process is provided;
80	80	(4) provide specific guidance on:
81	81	(A) policies and procedures for the surrender,
82	82	transfer, or other disposition of a firearm by a person subject to
83	83	an order described by Subsection (g)(1);
84	84	(B) policies and procedures for the receipt and
85	85	disposition of a transferred firearm by a firearms dealer licensed
86	86	under 18 U.S.C. Section 923 or a person not prohibited from
87	87	possessing a firearm by state or federal law;
88	88	(C) policies and procedures for the receipt and
89	89	storage of a surrendered firearm by a law enforcement agency or
90	90	other governmental entity and standards of care regarding the
91	91	storage of the surrendered firearm;
92	92	(D) policies and procedures for the return or
93	93	other disposition of a surrendered firearm by the law enforcement
94	94	agency or other governmental entity storing the firearm after the
95	95	order described by Subsection (g)(1) expires or is rescinded; and
96	96	(E) policies and procedures for compensating the
97	97	owner of a surrendered firearm that is damaged or destroyed while in
98	98	the possession of a law enforcement agency or other governmental
99	99	entity or while in the possession of an entity operating under a
100	100	contract with a governmental entity for the purpose of storing
101	101	surrendered firearms;
102	102	(5) require verification that a person described by
103	103	Subdivision (4)(A) has surrendered, transferred, or otherwise
104	104	disposed of all firearms in the person's possession; and
105	105	(6) provide for an enforcement option if a
106	106	verification is not made within 48 hours of the issuance of an order
107	107	described by Subsection (g)(1).
108	108	(i) The task force shall make available all
109	109	recommendations, forms, and guidelines developed under this
110	110	section to all judges with jurisdiction over cases involving family
111	111	violence in the county and all law enforcement agencies with
112	112	jurisdiction in the county.
113	113	(j) The task force shall meet not later than the 90th day
114	114	following the end of each regular legislative session to review and
115	115	amend any recommendations, forms, or guidelines developed under
116	116	this section.
117	117	(k) Not later than December 1 of each odd-numbered year, the
118	118	task force shall provide the county commissioners court a report
119	119	including:
120	120	(1) a list of task force members;
121	121	(2) a summary of all recommendations, forms, and
122	122	guidelines developed under this section;
123	123	(3) a description of practices and procedures in the
124	124	courts and law enforcement agencies within the county in regard to:
125	125	(A) the surrender, transfer, or other
126	126	disposition of a firearm a person is prohibited from possessing
127	127	under an order issued as a result of or to prevent family violence;
128	128	and
129	129	(B) the receipt, storage, and return or other
130	130	disposition of a surrendered firearm; and
131	131	(4) a description of potential sources of funding
132	132	available to implement recommendations.
133	133	(l) The commissioners courts of multiple counties may agree
134	134	to form a regional task force under this section to serve the needs
135	135	of all counties in the agreement.
136	136	SECTION 2. Notwithstanding the requirement in Section
137	137	236.004, Local Government Code, as added by this Act, that a report
138	138	be submitted by December 1 of each odd-numbered year, a task force
139	139	created under that section shall submit its first report to the
140	140	county commissioners court not later than June 1, 2022.
141	141	SECTION 3. This Act takes effect September 1, 2021.