88R6497 JSC-D
By: Goodwin H.B. No. 2077
A BILL TO BE ENTITLED
AN ACT
relating to the development of a model policy by the Office of Court
Administration of the Texas Judicial System for the enforcement and
implementation of state laws regarding certain persons prohibited
by law from possessing a firearm or ammunition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section, "office" means the Office
of Court Administration of the Texas Judicial System.
(b) The Office of Court Administration of the Texas Judicial
System shall develop and recommend a model policy regarding the
enforcement and implementation of state laws relating to:
(1) preventing the possession of a firearm or
ammunition by a person prohibited by law from possessing those
items; and
(2) providing for the transfer of a firearm or
ammunition by a person described by Subdivision (1) of this
subsection.
(c) The model policy must include provisions relating to the
transfer and, when applicable, return of firearms and ammunition
owned by a person prohibited from possessing a firearm or
ammunition.
(d) In developing the model policy, the office shall include
provisions to ensure due process protections, including by
recommending policies, forms, and practices to provide notice to a
person prohibited from possessing a firearm or ammunition, law
enforcement, and any other relevant third parties.
(e) The model policy must:
(1) be capable of being adopted and implemented by
municipalities, counties, courts, and local law enforcement
agencies;
(2) apply equally to all persons prohibited from
possessing a firearm or ammunition under state or federal law;
(3) provide clear guidance regarding the transfer of a
firearm or ammunition; and
(4) expressly require proof of compliance by a person
prohibited by law from possessing a firearm or ammunition.
(f) Not later than September 1, 2024, the office shall
submit an electronic report on the recommended model policy to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the members of the legislature.
(g) This Act expires October 1, 2024.
SECTION 2. This Act takes effect September 1, 2023.