87R10812 TSS-F
By: West S.B. No. 1967
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a task force relating to reducing
family violence by providing for the transfer of firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 72, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. TASK FORCE TO REDUCE FAMILY VIOLENCE BY CREATING
STANDARDS RELATED TO FIREARMS TRANSFER
Sec. 72.251. DEFINITIONS. (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 the task force created under
this subchapter relating to the transfer of firearms to reduce
family violence.
Sec. 72.252. TASK FORCE MEMBERSHIP. (a) The task force is
composed of 19 members appointed as provided under this section.
(b) The director shall appoint to the task force:
(1) one member who is a representative of the office;
and
(2) one member from a statewide family violence
advocacy organization.
(c) The members appointed under Subsection (b) shall serve
as presiding officers of the task force and shall jointly appoint
the remaining 17 members of the task force as follows:
(1) one member from the bureau of identification and
records of the Department of Public Safety;
(2) two members from nonprofit organizations that
serve the victims of family violence, at least one of whom is an
attorney licensed in this state whose practice includes the
representation of victims of family violence applying for
protective orders under Title 4, Family Code;
(3) one member from a family violence center;
(4) one member who is a judge or associate judge with
experience hearing criminal proceedings relating to family
violence;
(5) one member who is a judge or associate judge with
experience hearing proceedings relating to the issuance of a
protective order under Title 4, Family Code;
(6) one member who is a prosecuting attorney with
experience in prosecuting offenses involving family violence;
(7) one member who is a prosecuting attorney with
experience in representing a person seeking a protective order
under Title 4, Family Code;
(8) one member who is a magistrate with experience in
proceedings relating to:
(A) orders for emergency protection under
Article 17.292, Code of Criminal Procedure; and
(B) the conditions of bond in cases involving
family violence;
(9) one member from a law enforcement agency;
(10) one member from the Texas Commission on Law
Enforcement;
(11) one member from the Texas Center for the
Judiciary;
(12) one member from the Permanent Judicial Commission
for Children, Youth and Families established by the supreme court;
(13) one member from the Texas Municipal Courts
Education Center;
(14) one member from the Texas Justice Court Training
Center;
(15) one member from the County and District Clerks'
Association of Texas; and
(16) any other member whom the presiding officers
determine to be appropriate and who consents to serve on the task
force.
(d) Appointed members of the task force serve at the will of
the appointing authority. A vacancy on the task force must be
filled in the same manner as the original appointment.
Sec. 72.253. MEETINGS; COMPENSATION. (a) The task force
shall meet at the call of the presiding officers.
(b) Members of the task force serve without compensation or
reimbursement for expenses.
Sec. 72.254. DUTIES. (a) The task force shall develop
policy recommendations, model forms, and guidelines for best
practices related to:
(1) the transfer or other disposition of a firearm a
person is prohibited from possessing under a judgment or order
issued as a result of or to prevent family violence, including:
(A) a protective order issued under Title 4,
Family Code;
(B) a magistrate's order of emergency protection
issued under Article 17.292, Code of Criminal Procedure, that
requires the defendant to transfer firearms for the duration of the
order;
(C) an order setting the conditions of bond for a
defendant charged with an offense involving family violence that
requires the defendant to transfer firearms during the pendency of
the case;
(D) an order granting community supervision to a
defendant convicted of an offense involving family violence;
(E) an order placing the defendant on deferred
adjudication community supervision for an offense involving family
violence that requires the defendant to transfer firearms as a
condition of deferred adjudication community supervision; and
(F) a judgment of conviction for an offense
involving family violence; and
(2) the receipt, storage, and return or other
disposition of a firearm transferred under Subdivision (1).
(b) In developing the recommendations, forms, and
guidelines required under this section, the task force shall:
(1) prioritize the safety of victims of family
violence and law enforcement personnel;
(2) ensure due process is provided;
(3) provide specific guidance on:
(A) policies and procedures for the transfer or
other disposition of a firearm by a person subject to a judgment or
order described by Subsection (a)(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 transferred firearm by a law enforcement agency or
other governmental entity and standards of care regarding the
storage of the firearm;
(D) policies and procedures for the return or
other disposition of a transferred firearm by the law enforcement
agency or other governmental entity storing the firearm after an
order described by Subsection (a)(1) expires or is rescinded; and
(E) policies and procedures for compensating the
owner of a 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 firearms;
(4) require verification that a person subject to a
judgment or order described by Subsection (a)(1) has transferred or
otherwise disposed of all firearms in the person's possession; and
(5) provide for an enforcement option if a
verification is not made within 48 hours of the issuance of a
judgment or order described by Subsection (a)(1).
(c) 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 this state and all law enforcement agencies with
jurisdiction in this state.
Sec. 72.255. ADMINISTRATIVE SUPPORT. The office shall
provide reasonably necessary administrative and technical support
for the activities of the task force.
Sec. 72.256. ASSISTANCE WITH RECOMMENDATIONS. The office
shall seek the assistance of the task force before the office makes
any recommendation as a result of the work done by the task force.
Sec. 72.257. EXPIRATION DATE. The task force is abolished
and this subchapter expires on September 1, 2023.
SECTION 2. As soon as practicable after the effective date
of this Act, the appropriate persons shall appoint the members of
the task force created by Subchapter H, Chapter 72, Government
Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.