| 1 | 1 | | 88R3324 EAS-D |
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| 2 | 2 | | By: Blanco S.B. No. 172 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the reporting of lost or stolen firearms and to proof of |
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| 8 | 8 | | loss for personal property insurance coverage for those firearms; |
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| 9 | 9 | | creating a criminal offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 2002, Insurance Code, is |
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| 12 | 12 | | amended by adding Section 2002.007 to read as follows: |
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| 13 | 13 | | Sec. 2002.007. PROOF OF LOSS FOR FIREARM COVERAGE. (a) In |
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| 14 | 14 | | this section, "personal property insurance" means insurance |
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| 15 | 15 | | against damage to or loss of tangible personal property, including |
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| 16 | 16 | | coverage provided in a homeowners insurance policy, residential |
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| 17 | 17 | | fire and allied lines insurance policy, or farm and ranch owners |
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| 18 | 18 | | insurance policy. |
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| 19 | 19 | | (b) This section applies to each insurer that provides |
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| 20 | 20 | | personal property insurance in this state, including a county |
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| 21 | 21 | | mutual insurance company, farm mutual insurance company, Lloyd's |
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| 22 | 22 | | plan, and reciprocal or interinsurance exchange. |
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| 23 | 23 | | (c) A personal property insurance policy that includes |
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| 24 | 24 | | firearm coverage must provide that a report of the loss or theft of |
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| 25 | 25 | | a covered firearm submitted to a peace officer or law enforcement |
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| 26 | 26 | | agency on or before the 10th day after the date the policyholder |
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| 27 | 27 | | became aware the firearm was lost or stolen is sufficient proof of |
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| 28 | 28 | | loss for the firearm. |
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| 29 | 29 | | SECTION 2. Chapter 46, Penal Code, is amended by adding |
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| 30 | 30 | | Section 46.135 to read as follows: |
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| 31 | 31 | | Sec. 46.135. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a) |
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| 32 | 32 | | A person commits an offense if the person: |
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| 33 | 33 | | (1) owns a firearm that is subsequently lost by or |
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| 34 | 34 | | stolen from the person; and |
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| 35 | 35 | | (2) fails to report the loss or theft, or cause a |
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| 36 | 36 | | report of the loss or theft to be made, to a peace officer or law |
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| 37 | 37 | | enforcement agency on or before the 10th day after the date the |
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| 38 | 38 | | person became aware the firearm was lost or stolen. |
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| 39 | 39 | | (b) An offense under this section is a Class C misdemeanor. |
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| 40 | 40 | | (c) If conduct constituting an offense under this section |
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| 41 | 41 | | also constitutes an offense under another section of this code, the |
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| 42 | 42 | | actor may be prosecuted under either section or under both |
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| 43 | 43 | | sections. |
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| 44 | 44 | | SECTION 3. Section 2002.007, Insurance Code, as added by |
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| 45 | 45 | | this Act, applies only to an insurance policy delivered, issued for |
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| 46 | 46 | | delivery, or renewed on or after January 1, 2024. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2023. |
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