Texas 2021 - 87th Regular

Texas Senate Bill SB1967 Compare Versions

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

Old	New	Differences
1	1	87R10812 TSS-F
2	2	By: West S.B. No. 1967
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a task force relating to reducing
8	8	family violence by providing for the transfer of firearms.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 72, Government Code, is amended by
11	11	adding Subchapter H to read as follows:
12	12	SUBCHAPTER H. TASK FORCE TO REDUCE FAMILY VIOLENCE BY CREATING
13	13	STANDARDS RELATED TO FIREARMS TRANSFER
14	14	Sec. 72.251. DEFINITIONS. (a) In this section:
15	15	(1) "Family violence" has the meaning assigned by
16	16	Section 71.004, Family Code.
17	17	(2) "Family violence center" means a public or private
18	18	nonprofit organization that provides, as its primary purpose,
19	19	services, including the services under Section 51.005(b)(3), Human
20	20	Resources Code, to victims of family violence, as defined by
21	21	Section 51.002, Human Resources Code.
22	22	(3) "Firearm" has the meaning assigned by Section
23	23	46.01, Penal Code.
24	24	(4) "Task force" means the task force created under
25	25	this subchapter relating to the transfer of firearms to reduce
26	26	family violence.
27	27	Sec. 72.252. TASK FORCE MEMBERSHIP. (a) The task force is
28	28	composed of 19 members appointed as provided under this section.
29	29	(b) The director shall appoint to the task force:
30	30	(1) one member who is a representative of the office;
31	31	and
32	32	(2) one member from a statewide family violence
33	33	advocacy organization.
34	34	(c) The members appointed under Subsection (b) shall serve
35	35	as presiding officers of the task force and shall jointly appoint
36	36	the remaining 17 members of the task force as follows:
37	37	(1) one member from the bureau of identification and
38	38	records of the Department of Public Safety;
39	39	(2) two members from nonprofit organizations that
40	40	serve the victims of family violence, at least one of whom is an
41	41	attorney licensed in this state whose practice includes the
42	42	representation of victims of family violence applying for
43	43	protective orders under Title 4, Family Code;
44	44	(3) one member from a family violence center;
45	45	(4) one member who is a judge or associate judge with
46	46	experience hearing criminal proceedings relating to family
47	47	violence;
48	48	(5) one member who is a judge or associate judge with
49	49	experience hearing proceedings relating to the issuance of a
50	50	protective order under Title 4, Family Code;
51	51	(6) one member who is a prosecuting attorney with
52	52	experience in prosecuting offenses involving family violence;
53	53	(7) one member who is a prosecuting attorney with
54	54	experience in representing a person seeking a protective order
55	55	under Title 4, Family Code;
56	56	(8) one member who is a magistrate with experience in
57	57	proceedings relating to:
58	58	(A) orders for emergency protection under
59	59	Article 17.292, Code of Criminal Procedure; and
60	60	(B) the conditions of bond in cases involving
61	61	family violence;
62	62	(9) one member from a law enforcement agency;
63	63	(10) one member from the Texas Commission on Law
64	64	Enforcement;
65	65	(11) one member from the Texas Center for the
66	66	Judiciary;
67	67	(12) one member from the Permanent Judicial Commission
68	68	for Children, Youth and Families established by the supreme court;
69	69	(13) one member from the Texas Municipal Courts
70	70	Education Center;
71	71	(14) one member from the Texas Justice Court Training
72	72	Center;
73	73	(15) one member from the County and District Clerks'
74	74	Association of Texas; and
75	75	(16) any other member whom the presiding officers
76	76	determine to be appropriate and who consents to serve on the task
77	77	force.
78	78	(d) Appointed members of the task force serve at the will of
79	79	the appointing authority. A vacancy on the task force must be
80	80	filled in the same manner as the original appointment.
81	81	Sec. 72.253. MEETINGS; COMPENSATION. (a) The task force
82	82	shall meet at the call of the presiding officers.
83	83	(b) Members of the task force serve without compensation or
84	84	reimbursement for expenses.
85	85	Sec. 72.254. DUTIES. (a) The task force shall develop
86	86	policy recommendations, model forms, and guidelines for best
87	87	practices related to:
88	88	(1) the transfer or other disposition of a firearm a
89	89	person is prohibited from possessing under a judgment or order
90	90	issued as a result of or to prevent family violence, including:
91	91	(A) a protective order issued under Title 4,
92	92	Family Code;
93	93	(B) a magistrate's order of emergency protection
94	94	issued under Article 17.292, Code of Criminal Procedure, that
95	95	requires the defendant to transfer firearms for the duration of the
96	96	order;
97	97	(C) an order setting the conditions of bond for a
98	98	defendant charged with an offense involving family violence that
99	99	requires the defendant to transfer firearms during the pendency of
100	100	the case;
101	101	(D) an order granting community supervision to a
102	102	defendant convicted of an offense involving family violence;
103	103	(E) an order placing the defendant on deferred
104	104	adjudication community supervision for an offense involving family
105	105	violence that requires the defendant to transfer firearms as a
106	106	condition of deferred adjudication community supervision; and
107	107	(F) a judgment of conviction for an offense
108	108	involving family violence; and
109	109	(2) the receipt, storage, and return or other
110	110	disposition of a firearm transferred under Subdivision (1).
111	111	(b) In developing the recommendations, forms, and
112	112	guidelines required under this section, the task force shall:
113	113	(1) prioritize the safety of victims of family
114	114	violence and law enforcement personnel;
115	115	(2) ensure due process is provided;
116	116	(3) provide specific guidance on:
117	117	(A) policies and procedures for the transfer or
118	118	other disposition of a firearm by a person subject to a judgment or
119	119	order described by Subsection (a)(1);
120	120	(B) policies and procedures for the receipt and
121	121	disposition of a transferred firearm by a firearms dealer licensed
122	122	under 18 U.S.C. Section 923 or a person not prohibited from
123	123	possessing a firearm by state or federal law;
124	124	(C) policies and procedures for the receipt and
125	125	storage of a transferred firearm by a law enforcement agency or
126	126	other governmental entity and standards of care regarding the
127	127	storage of the firearm;
128	128	(D) policies and procedures for the return or
129	129	other disposition of a transferred firearm by the law enforcement
130	130	agency or other governmental entity storing the firearm after an
131	131	order described by Subsection (a)(1) expires or is rescinded; and
132	132	(E) policies and procedures for compensating the
133	133	owner of a firearm that is damaged or destroyed while in the
134	134	possession of a law enforcement agency or other governmental entity
135	135	or while in the possession of an entity operating under a contract
136	136	with a governmental entity for the purpose of storing firearms;
137	137	(4) require verification that a person subject to a
138	138	judgment or order described by Subsection (a)(1) has transferred or
139	139	otherwise disposed of all firearms in the person's possession; and
140	140	(5) provide for an enforcement option if a
141	141	verification is not made within 48 hours of the issuance of a
142	142	judgment or order described by Subsection (a)(1).
143	143	(c) The task force shall make available all
144	144	recommendations, forms, and guidelines developed under this
145	145	section to all judges with jurisdiction over cases involving family
146	146	violence in this state and all law enforcement agencies with
147	147	jurisdiction in this state.
148	148	Sec. 72.255. ADMINISTRATIVE SUPPORT. The office shall
149	149	provide reasonably necessary administrative and technical support
150	150	for the activities of the task force.
151	151	Sec. 72.256. ASSISTANCE WITH RECOMMENDATIONS. The office
152	152	shall seek the assistance of the task force before the office makes
153	153	any recommendation as a result of the work done by the task force.
154	154	Sec. 72.257. EXPIRATION DATE. The task force is abolished
155	155	and this subchapter expires on September 1, 2023.
156	156	SECTION 2. As soon as practicable after the effective date
157	157	of this Act, the appropriate persons shall appoint the members of
158	158	the task force created by Subchapter H, Chapter 72, Government
159	159	Code, as added by this Act.
160	160	SECTION 3. This Act takes effect immediately if it receives
161	161	a vote of two-thirds of all the members elected to each house, as
162	162	provided by Section 39, Article III, Texas Constitution. If this
163	163	Act does not receive the vote necessary for immediate effect, this
164	164	Act takes effect September 1, 2021.