TX
Texas House Bill HB2629

Texas 2025 - 89th Regular

Texas House Bill HB2629 Compare Versions

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11 By: Rodríguez Ramos H.B. No. 2629
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to requiring a person convicted of an offense involving
99 family violence or a person who is the subject of a protective order
1010 to surrender firearms owned by the person; authorizing a fee.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Title 1, Code of Criminal Procedure, is amended
1313 by adding Chapter 68 to read as follows:
1414 CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN FAMILY
1515 VIOLENCE OFFENSES OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS
1616 Art. 68.001. APPLICABILITY. This chapter applies to a
1717 person who:
1818 (1) is convicted of an offense involving family
1919 violence, as defined by Section 71.004, Family Code; or
2020 (2) is the subject of:
2121 (A) a protective order under Chapter 85, Family
2222 Code, or Subchapter A, Chapter 7B of this code; or
2323 (B) a magistrate's order for emergency
2424 protection under Article 17.292.
2525 Art. 68.002. NOTICE AND ORDER TO SURRENDER FIREARM. On
2626 conviction of a person for an offense described by Article
2727 68.001(1) or issuance of an order described by Article 68.001(2),
2828 the court shall:
2929 (1) provide written notice to the person who was
3030 convicted or who is the subject of the order that the person is
3131 prohibited from acquiring, possessing, or controlling a firearm
3232 under 18 U.S.C. Section 922(g); and
3333 (2) order the person to surrender all firearms the
3434 person owns in the manner provided by Article 68.003:
3535 (A) if the person receives notice under this
3636 article, within the period provided by the notice for the surrender
3737 of the firearms, which may not be more than 48 hours after the
3838 receipt of the notice; or
3939 (B) if the person was taken into custody
4040 immediately after conviction, not later than 48 hours after the
4141 person is released from custody.
4242 Art. 68.003. SURRENDER OF FIREARM. A person required to
4343 surrender a firearm under Article 68.002 shall surrender the
4444 firearm by:
4545 (1) selling the firearm to a person who is a licensed
4646 firearms dealer under 18 U.S.C. Section 923;
4747 (2) surrendering the firearm to a law enforcement
4848 agency for holding in the manner described by Article 68.006, if the
4949 person is required to surrender the firearm based on:
5050 (A) a conviction described by Article 68.001(1)
5151 that the person intends to appeal; or
5252 (B) an order described by Article 68.001(2); or
5353 (3) surrendering the firearm to a law enforcement
5454 agency for disposition in the manner provided by Article 68.007, if
5555 the person is required to surrender the firearm based on a
5656 conviction described by Article 68.001(1) that the person does not
5757 intend to appeal.
5858 Art. 68.004. REQUIRED DOCUMENTATION. (a) A person subject
5959 to an order under Article 68.002 who does not own a firearm shall
6060 submit to the court a signed affidavit affirming that the person
6161 does not own a firearm.
6262 (b) A licensed firearms dealer who takes possession of a
6363 firearm from a person required to surrender the firearm under
6464 Article 68.002 shall immediately provide the person with a written
6565 receipt for the firearm, and the person shall file the receipt with
6666 the court.
6767 Art. 68.005. LAW ENFORCEMENT AGENCY POLICY REGARDING
6868 SURRENDER OF FIREARM; FEE. (a) A law enforcement agency that takes
6969 possession of surrendered firearms under this chapter shall develop
7070 any necessary forms, policies, and procedures for collecting and
7171 storing and for returning, selling, or destroying the firearms.
7272 (b) The law enforcement agency may impose a reasonable fee
7373 for storing a firearm surrendered under this chapter.
7474 Art. 68.006. HOLDING OF FIREARM SURRENDERED TO LAW
7575 ENFORCEMENT AGENCY. (a) A law enforcement agency that takes
7676 possession of a firearm under Article 68.003(2) shall immediately
7777 provide the person surrendering the firearm a written receipt for
7878 the firearm and a written notice of the procedure for the return of
7979 the firearm under this article, including any applicable fees due
8080 on return of the firearm.
8181 (b) A person who receives a receipt under Subsection (a)
8282 shall file the receipt with the court.
8383 (c) Not later than the 30th day after the date of any of the
8484 following, the clerk of the court shall notify the law enforcement
8585 agency that, as applicable:
8686 (1) the conviction for which the person was required
8787 to surrender the person's firearm became final;
8888 (2) the conviction for which the person was required
8989 to surrender the person's firearm was vacated, dismissed, reversed
9090 on appeal, or otherwise fully discharged or the person received a
9191 full pardon for the conviction; or
9292 (3) the order for which the person was required to
9393 surrender the person's firearm has expired or has been rescinded.
9494 (d) Not later than the 30th day after the date the law
9595 enforcement agency holding a firearm subject to disposition under
9696 this article receives the notice described by Subsection (c)(2) or
9797 (3), the law enforcement agency shall conduct a check of state and
9898 national criminal history record information to verify whether the
9999 person may lawfully possess a firearm under 18 U.S.C. Section
100100 922(g) and under the law of this state.
101101 (e) If the check conducted under Subsection (d) verifies
102102 that the person may lawfully possess a firearm, the law enforcement
103103 agency shall provide to the person by certified mail written notice
104104 stating that the firearm may be returned to the person if, before
105105 the 121st day after the date of the notice, the person submits:
106106 (1) a written request for the return of the firearm;
107107 and
108108 (2) a reasonable fee for storing the firearm in the
109109 amount set by the law enforcement agency holding the firearm.
110110 (f) If the law enforcement agency receives notice under
111111 Subsection (c)(1) or if the check conducted under Subsection (d)
112112 shows that the person may not lawfully possess a firearm, the law
113113 enforcement agency shall provide to the person by certified mail
114114 written notice stating that:
115115 (1) the person may not lawfully possess a firearm
116116 under 18 U.S.C. Section 922(g) or under the law of this state; and
117117 (2) the law enforcement agency holding the firearm
118118 will dispose of the firearm in the manner provided by Article
119119 68.007.
120120 Art. 68.007. DISPOSITION OF FIREARM SURRENDERED TO LAW
121121 ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for
122122 a firearm surrendered to the law enforcement agency under this
123123 chapter to be sold by a person who is a licensed firearms dealer
124124 under 18 U.S.C. Section 923 if:
125125 (1) the person surrendered the firearm under Article
126126 68.003(2) and:
127127 (A) the person did not respond to notice under
128128 Article 68.006(e) before the 121st day after the date of the notice;
129129 or
130130 (B) the law enforcement agency has provided
131131 notice under Article 68.006(f) that the person may not lawfully
132132 possess a firearm and that the law enforcement agency intends to
133133 dispose of the firearm as provided by this article; or
134134 (2) the person surrendered the firearm under Article
135135 68.003(3).
136136 (b) The proceeds from the sale of a firearm under this
137137 article shall be paid to the owner of the firearm, less:
138138 (1) the cost of administering this article with
139139 respect to the firearm; and
140140 (2) if applicable, a reasonable fee for storing the
141141 firearm under Article 68.006 in the amount set by the law
142142 enforcement agency holding the firearm.
143143 (c) An unclaimed firearm that is surrendered as provided by
144144 this chapter may not be destroyed or forfeited to the state.
145145 Art. 68.008. FORM OF AFFIDAVIT. The Office of Court
146146 Administration of the Texas Judicial System shall adopt a model
147147 affidavit for purposes of Article 68.004.
148148 SECTION 2. Article 7B.006(a), Code of Criminal Procedure,
149149 is amended to read as follows:
150150 (a) Each protective order issued under this subchapter,
151151 including a temporary ex parte order, must contain the following
152152 prominently displayed statements in boldfaced type, in capital
153153 letters, or underlined:
154154 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
155155 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
156156 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
157157 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
158158 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
159159 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
160160 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
161161 UNLESS A COURT CHANGES THE ORDER."
162162 "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
163163 DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
164164 AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
165165 SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
166166 FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
167167 OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED
168168 BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
169169 SECTION 3. Article 17.292(g), Code of Criminal Procedure,
170170 is amended to read as follows:
171171 (g) An order for emergency protection issued under this
172172 article must contain the following statements printed in bold-face
173173 type or in capital letters:
174174 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
175175 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
176176 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
177177 RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
178178 MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
179179 VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE
180180 FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
181181 LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER
182182 THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE,
183183 ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE
184184 OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS
185185 ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY
186186 CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST
187187 DISPOSE OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS
188188 PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
189189 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
190190 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
191191 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
192192 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
193193 UNLESS A COURT CHANGES THE ORDER."
194194 SECTION 4. Section 85.026(a), Family Code, is amended to
195195 read as follows:
196196 (a) Each protective order issued under this subtitle,
197197 including a temporary ex parte order, must contain the following
198198 prominently displayed statements in boldfaced type, capital
199199 letters, or underlined:
200200 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
201201 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
202202 JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
203203 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
204204 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
205205 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
206206 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
207207 UNLESS A COURT CHANGES THE ORDER."
208208 "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
209209 DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
210210 AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
211211 SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
212212 FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
213213 OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED
214214 BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
215215 "IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
216216 CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
217217 EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
218218 ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
219219 IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
220220 "(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
221221 RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
222222 IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
223223 "(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
224224 RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
225225 IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
226226 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
227227 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
228228 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
229229 RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
230230 MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
231231 SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
232232 FOR AT LEAST TWO YEARS."
233233 SECTION 5. (a) Chapter 68, Code of Criminal Procedure, as
234234 added by this Act, applies only to a person who is convicted of an
235235 offense described by Article 68.001(1), Code of Criminal Procedure,
236236 as added by this Act, on or after January 1, 2026, or who is the
237237 subject of an order described by Article 68.001(2), Code of
238238 Criminal Procedure, as added by this Act, that is issued on or after
239239 that date. A person who is convicted of an offense before January
240240 1, 2026, or who is the subject of an order issued before that date is
241241 governed by the law in effect immediately before the effective date
242242 of this Act, and the former law is continued in effect for that
243243 purpose.
244244 (b) The Office of Court Administration of the Texas Judicial
245245 System shall adopt the model affidavit required by Article 68.008,
246246 Code of Criminal Procedure, as added by this Act, not later than
247247 December 1, 2025.
248248 SECTION 6. The change in law made by this Act relating to
249249 the contents of a protective order or a magistrate's order for
250250 emergency protection applies to an order issued on or after January
251251 1, 2026. An order issued before that date is governed by the law as
252252 it existed immediately before the effective date of this Act, and
253253 the former law is continued in effect for that purpose.
254254 SECTION 7. This Act takes effect September 1, 2025.