Texas 2021 - 87th Regular

Texas House Bill HB29 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 29
	1	+	By: Swanson, et al. (Senate Sponsor - Hughes) H.B. No. 29
	2	+	(In the Senate - Received from the House April 19, 2021;
	3	+	May 6, 2021, read first time and referred to Committee on State
	4	+	Affairs; May 12, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 12, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 29 By: Hughes
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to authorizing the provision of temporary secure storage
6	14		for weapons at certain public buildings; authorizing fees.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Chapter 2165, Government Code, is amended by
9	17		adding Subchapter J to read as follows:
10	18		SUBCHAPTER J. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC
11	19		BUILDINGS
12	20		Sec. 2165.451. APPLICABILITY. (a) This subchapter applies
13	21		to a building or portion of a building:
14	22		(1) that is:
15	23		(A) used by an agency of this state; and
16	24		(B) generally open to the public; and
17	25		(2) in which:
18	26		(A) carrying a handgun or other firearm,
19	27		location-restricted knife, club, or other weapon on the premises or
20	28		part of the premises would violate Chapter 46, Penal Code, or other
21	29		law; or
22	30		(B) the state agency in control of the building,
23	31		by sign or otherwise, prohibits handguns or other firearms,
24	32		location-restricted knives, clubs, or other weapons on the premises
25	33		or part of the premises.
26	34		(b) This subchapter does not apply to:
27	35		(1) a penal institution, as that term is defined by
28	36		Section 1.07, Penal Code; or
29	37		(2) a public primary or secondary school or
30	38		institution of higher education.
31	39		Sec. 2165.452. TEMPORARY SECURE WEAPON STORAGE. (a) A
32	40		state agency may provide temporary secure weapon storage for a
33	41		building or portion of a building to which this subchapter applies
34	42		for persons who enter the building or portion of the building with a
35	43		weapon prohibited in that building or portion of the building.
36	44		(b) The temporary secure weapon storage may be provided by:
37	45		(1) self-service weapon lockers described by Section
38	46		2165.453; or
39	47		(2) other temporary secure weapon storage operated at
40	48		all times by a designated state agency employee under Section
41	49		2165.454.
42	50		Sec. 2165.453. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY
43	51		SECURE STORAGE. (a) A state agency may provide self-service weapon
44	52		lockers for the temporary secure storage of any weapon prohibited
45	53		in a building or portion of a building.
46	54		(b) A self-service weapon locker must allow secure locking
47	55		by the user and:
48	56		(1) provide a key for reopening; or
49	57		(2) reopen by electronic means, such as by a
50	58		fingerprint scan or entry of a numeric code.
51	59		(c) A state agency may require a person to submit the
52	60		person's name, the number of the person's driver's license or other
53	61		form of identification, and the person's telephone number as a
54	62		condition for use of a self-service weapon locker.
55	63		(d) A person placing a weapon in a self-service weapon
56	64		locker may designate an alternate person to whom the weapon may be
57	65		released if the person is not able to reclaim the person's weapon
58	66		before the 30th day after the date the weapon was placed in the
59	67		locker.
60	68		Sec. 2165.454. TEMPORARY SECURE WEAPON STORAGE
61	69		ADMINISTERED BY AGENCY EMPLOYEE. (a) A state agency may provide
62	70		temporary secure weapon storage operated by a designated agency
63	71		employee for a building or portion of a building in which weapons
64	72		are prohibited.
65	73		(b) The weapons in temporary secure weapon storage must be
66	74		held in a safe, locker, or other location that is locked and
67	75		accessible only to the designated employee.
68	76		(c) If a person chooses to give to the designated employee
69	77		the person's weapon for temporary secure storage, the employee
70	78		shall:
71	79		(1) securely affix a claim tag to the weapon;
72	80		(2) provide the person with a claim receipt for
73	81		reclaiming the weapon;
74	82		(3) record the person's name, the number of the
75	83		person's driver's license or other form of identification, and the
76	84		person's telephone number; and
77	85		(4) if designated by the person placing the weapon in
78	86		temporary secure weapon storage, record the name of an alternate
79	87		person to whom the weapon may be released if the person is not able
80	88		to reclaim the person's weapon before the 30th day after the date
81	89		the weapon was placed in storage.
82	90		(d) A person may reclaim the person's weapon by showing the
83	91		designated employee operating the temporary secure weapon storage:
84	92		(1) the claim receipt given to the person at the time
85	93		the weapon was placed in temporary secure storage; or
86	94		(2) the person's driver's license or other form of
87	95		identification.
88	96		(e) A state agency that provides temporary secure weapon
89	97		storage under this section shall ensure that:
90	98		(1) the temporary secure weapon storage is available
91	99		and monitored by a designated agency employee at all times that the
92	100		building or portion of the building is open to the public; and
93	101		(2) a person who is choosing to place the weapon in
94	102		storage or retrieving the weapon from storage is not required to
95	103		wait more than a reasonable period.
96	104		Sec. 2165.455. FEES. A state agency under this subchapter
97		-	may collect a fee ~~of not more than $5~~ for the use of a self-service
98		-	~~weapon locker or~~ other temporary secure weapon storage.
	105	+	may collect a fee for the use of a self-service weapon locker or
	106	+	other temporary secure weapon storage.
99	107		Sec. 2165.456. UNCLAIMED WEAPONS. (a) A weapon that is
100	108		unclaimed at the end of a business day may be removed from the
101	109		self-service weapon locker or other temporary secure storage and
102	110		placed in another secure location.
103	111		(b) If practicable, the state agency shall notify the person
104	112		who placed the weapon in a self-service weapon locker or other
105	113		temporary secure storage that the weapon is in the custody of the
106	114		state agency and is subject to forfeiture if not reclaimed before
107	115		the 30th day after the date the weapon was placed in a self-service
108	116		weapon locker or other temporary secure storage. If the person
109	117		provided a telephone number when the weapon was placed in a
110	118		self-service weapon locker or other temporary secure storage, the
111	119		state agency shall notify the person by using that telephone
112	120		number.
113	121		(c) At each location where a weapon may be placed in a
114	122		self-service weapon locker or other temporary secure storage, the
115	123		state agency shall post a sign that describes the process for
116	124		reclaiming a weapon left in a self-service weapon locker or other
117	125		temporary secure storage for more than one business day.
118	126		(d) The state agency may require identification or other
119	127		evidence of ownership before returning the unclaimed weapon. On
120		-	return of the weapon, the state agency may charge a fee of not more
121		-	than $10 per day and not to exceed a total of $150 for the extended
122		-	storage of the weapon.
	128	+	return of the weapon, the state agency may charge a fee for the
	129	+	extended storage of the weapon.
123	130		(e) If the weapon is not reclaimed before the 30th day after
124	131		the date the weapon was placed in a self-service weapon locker or
125	132		other temporary secure storage, the weapon is forfeited.
126	133		(f) If the forfeited weapon may not be legally possessed in
127	134		this state, the state agency shall turn the weapon over to local law
128	135		enforcement as evidence or for destruction.
129	136		(g) If a person may legally possess the weapon in this
130	137		state:
131	138		(1) the forfeited weapon may be sold at public sale by
132	139		an auctioneer licensed under Chapter 1802, Occupations Code; or
133	140		(2) the law enforcement agency holding the weapon may
134	141		release the weapon to another person if:
135	142		(A) the person:
136	143		(i) claims a right to or interest in the
137	144		weapon and provides an affidavit confirming that the person wholly
138	145		or partly owns the weapon or otherwise has a right to or interest in
139	146		the weapon; or
140	147		(ii) is an alternate person designated by
141	148		the person under Section 2165.453(d) or 2165.454(c)(4); and
142	149		(B) for a weapon that is a firearm, the law
143	150		enforcement agency conducts a check of state and national criminal
144	151		history record information and verifies that the person may
145	152		lawfully possess a firearm under 18 U.S.C. Section 922(g).
146	153		(h) Only a firearms dealer licensed under 18 U.S.C. Section
147	154		923 may purchase a firearm at public sale under this section.
148	155		(i) Proceeds from the sale of a weapon under this section
149	156		shall be transferred, after the deduction of auction costs, to the
150	157		general revenue fund.
151	158		SECTION 2. Subtitle C, Title 11, Local Government Code, is
152	159		amended by adding Chapter 365 to read as follows:
153	160		CHAPTER 365. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC
154	161		BUILDINGS
155	162		Sec. 365.001. APPLICABILITY. (a) This chapter applies to a
156	163		building or portion of a building:
157	164		(1) that is:
158	165		(A) used by a political subdivision of this
159	166		state; and
160	167		(B) generally open to the public; and
161	168		(2) in which:
162	169		(A) carrying a handgun or other firearm,
163	170		location-restricted knife, club, or other weapon on the premises or
164	171		part of the premises would violate Chapter 46, Penal Code, or other
165	172		law; or
166	173		(B) the political subdivision in control of the
167	174		building, by sign or otherwise, prohibits handguns or other
168	175		firearms, location-restricted knives, clubs, or other weapons on
169	176		the premises or part of the premises.
170	177		(b) This chapter does not apply to:
171	178		(1) a penal institution, as that term is defined by
172	179		Section 1.07, Penal Code; or
173	180		(2) a public primary or secondary school or
174	181		institution of higher education.
175	182		Sec. 365.002. TEMPORARY SECURE WEAPON STORAGE. (a) A
176	183		political subdivision may provide temporary secure weapon storage
177	184		for a building or portion of a building to which this chapter
178	185		applies for persons who enter the building or portion of the
179	186		building with a weapon prohibited in that building or portion of the
180	187		building.
181	188		(b) The temporary secure weapon storage may be provided by:
182	189		(1) self-service weapon lockers described by Section
183	190		365.003; or
184	191		(2) other temporary secure weapon storage operated at
185	192		all times by a designated employee of the political subdivision
186	193		under Section 365.004.
187	194		Sec. 365.003. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY
188	195		SECURE STORAGE. (a) A political subdivision may provide
189	196		self-service weapon lockers for the temporary secure storage of any
190	197		weapon prohibited in a building or portion of a building.
191	198		(b) A self-service weapon locker must allow secure locking
192	199		by the user and:
193	200		(1) provide a key for reopening; or
194	201		(2) reopen by electronic means, such as by a
195	202		fingerprint scan or entry of a numeric code.
196	203		(c) A political subdivision may require a person to submit
197	204		the person's name, the number of the person's driver's license or
198	205		other form of identification, and the person's telephone number as
199	206		a condition for use of a self-service weapon locker.
200	207		(d) A person placing a weapon in a self-service weapon
201	208		locker may designate an alternate person to whom the weapon may be
202	209		released if the person is not able to reclaim the person's weapon
203	210		before the 30th day after the date the weapon was placed in the
204	211		locker.
205	212		Sec. 365.004. TEMPORARY SECURE WEAPON STORAGE ADMINISTERED
206	213		BY EMPLOYEE OF POLITICAL SUBDIVISION. (a) A political subdivision
207	214		may provide temporary secure weapon storage operated by a
208	215		designated employee of the political subdivision for a building or
209	216		portion of a building in which weapons are prohibited.
210	217		(b) The weapons in temporary secure weapon storage must be
211	218		held in a safe, locker, or other location that is locked and
212	219		accessible only to the designated employee.
213	220		(c) If a person chooses to give to the designated employee
214	221		the person's weapon for temporary secure storage, the employee
215	222		shall:
216	223		(1) securely affix a claim tag to the weapon;
217	224		(2) provide the person with a claim receipt for
218	225		reclaiming the weapon;
219	226		(3) record the person's name, the number of the
220	227		person's driver's license or other form of identification, and the
221	228		person's telephone number; and
222	229		(4) if designated by the person placing the weapon in
223	230		temporary secure weapon storage, record the name of an alternate
224	231		person to whom the weapon may be released if the person is not able
225	232		to reclaim the person's weapon before the 30th day after the date
226	233		the weapon was placed in storage.
227	234		(d) A person may reclaim the person's weapon by showing the
228	235		designated employee operating the temporary secure weapon storage:
229	236		(1) the claim receipt given to the person at the time
230	237		the weapon was placed in temporary secure storage; or
231	238		(2) the person's driver's license or other form of
232	239		identification.
233	240		(e) A political subdivision that provides temporary secure
234	241		weapon storage under this section shall ensure that:
235	242		(1) the temporary secure weapon storage is available
236	243		and monitored by a designated employee of the political subdivision
237	244		at all times that the building or portion of the building is open to
238	245		the public; and
239	246		(2) a person who is choosing to place the weapon in
240	247		storage or retrieving the weapon from storage is not required to
241	248		wait more than a reasonable period.
242	249		Sec. 365.005. FEES. A political subdivision under this
243		-	chapter may collect a fee of not more than $5 for the use of a
244		-	self-service weapon locker or other temporary secure weapon
245		-	storage.
	250	+	chapter may collect a fee for the use of a self-service weapon
	251	+	locker or other temporary secure weapon storage.
246	252		Sec. 365.006. UNCLAIMED WEAPONS. (a) A weapon that is
247	253		unclaimed at the end of a business day may be removed from the
248	254		self-service weapon locker or other temporary secure storage and
249	255		placed in another secure location.
250	256		(b) If practicable, the political subdivision shall notify
251	257		the person who placed the weapon in a self-service weapon locker or
252	258		other temporary secure storage that the weapon is in the custody of
253	259		the political subdivision and is subject to forfeiture if not
254	260		reclaimed before the 30th day after the date the weapon was placed
255	261		in a self-service weapon locker or other temporary secure storage.
256	262		If the person provided a telephone number when the weapon was placed
257	263		in a self-service weapon locker or other temporary secure storage,
258	264		the political subdivision shall notify the person by using that
259	265		telephone number.
260	266		(c) At each location where a weapon may be placed in a
261	267		self-service weapon locker or other temporary secure storage, the
262	268		political subdivision shall post a sign that describes the process
263	269		for reclaiming a weapon left in a self-service weapon locker or
264	270		other temporary secure storage for more than one business day.
265	271		(d) The political subdivision may require identification or
266	272		other evidence of ownership before returning the unclaimed weapon.
267	273		On return of the weapon, the political subdivision may charge a fee
268		-	of not more than $10 per day and not to exceed a total of $150 for
269		-	the extended storage of the weapon.
	274	+	for the extended storage of the weapon.
270	275		(e) If the weapon is not reclaimed before the 30th day after
271	276		the date the weapon was placed in a self-service weapon locker or
272	277		other temporary secure storage, the weapon is forfeited.
273	278		(f) If the forfeited weapon may not be legally possessed in
274	279		this state, the political subdivision shall turn the weapon over to
275	280		local law enforcement as evidence or for destruction.
276	281		(g) If a person may legally possess the weapon in this
277	282		state:
278	283		(1) the forfeited weapon may be sold at public sale by
279	284		an auctioneer licensed under Chapter 1802, Occupations Code; or
280	285		(2) the law enforcement agency holding the weapon may
281	286		release the weapon to another person if:
282	287		(A) the person:
283	288		(i) claims a right to or interest in the
284	289		weapon and provides an affidavit confirming that the person wholly
285	290		or partly owns the weapon or otherwise has a right to or interest in
286	291		the weapon; or
287	292		(ii) is an alternate person designated by
288	293		the person under Section 365.003(d) or 365.004(c)(4); and
289	294		(B) for a weapon that is a firearm, the law
290	295		enforcement agency conducts a check of state and national criminal
291	296		history record information and verifies that the person may
292	297		lawfully possess a firearm under 18 U.S.C. Section 922(g).
293	298		(h) Only a firearms dealer licensed under 18 U.S.C. Section
294	299		923 may purchase a firearm at public sale under this section.
295	300		(i) Proceeds from the sale of a weapon under this section
296	301		shall be transferred, after the deduction of auction costs, to the
297	302		treasury of the political subdivision.
298	303		SECTION 3. This Act takes effect September 1, 2021.
299		-	______________________________ ______________________________
300		-	President of the Senate Speaker of the House
301		-	I certify that H.B. No. 29 was passed by the House on April
302		-	16, 2021, by the following vote: Yeas 109, Nays 36, 1 present, not
303		-	voting; and that the House concurred in Senate amendments to H.B.
304		-	No. 29 on May 28, 2021, by the following vote: Yeas 102, Nays 45, 1
305		-	present, not voting.
306		-	______________________________
307		-	Chief Clerk of the House
308		-	I certify that H.B. No. 29 was passed by the Senate, with
309		-	amendments, on May 20, 2021, by the following vote: Yeas 30, Nays
310		-	1.
311		-	______________________________
312		-	Secretary of the Senate
313		-	APPROVED: __________________
314		-	Date
315		-	__________________
316		-	Governor
	304	+	* * * * *