89R14877 JRR-F
By: Curry H.B. No. 4933
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of a seized weapon belonging to a person
who is not prosecuted or convicted for an offense involving the
weapon.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.19(c), Code of Criminal Procedure, is
amended to read as follows:
(c) If there is no prosecution or conviction for an offense
involving the weapon seized, the magistrate to whom the seizure was
reported shall, not later than the 60th [before the 61st] day after
the date the magistrate determines that there will be no
prosecution or conviction, notify in writing the person found in
possession of the weapon that the person is entitled to the weapon
upon written request to the magistrate. Not later than the 60th day
after the date of notification, the [The] magistrate shall order
the weapon returned to the person found in possession [before the
61st day after the date the magistrate receives a request from the
person. If the weapon is not requested before the 61st day after
the date of notification, the magistrate shall, before the 121st
day after the date of notification, order the weapon destroyed,
sold at public sale by the law enforcement agency holding the weapon
or by an auctioneer licensed under Chapter 1802, Occupations Code,
or forfeited to the state for use by the law enforcement agency
holding the weapon or by a county forensic laboratory designated by
the magistrate. If the magistrate does not order the return,
destruction, sale, or forfeiture of the weapon within the
applicable period prescribed by this subsection, the law
enforcement agency holding the weapon may request an order of
destruction, sale, or forfeiture of the weapon from the magistrate.
Only a firearms dealer licensed under 18 U.S.C. Section 923 may
purchase a weapon at public sale under this subsection. Proceeds
from the sale of a seized weapon under this subsection shall be
transferred, after the deduction of court costs to which a district
court clerk is entitled under Article 59.05(f), followed by the
deduction of auction costs, to the law enforcement agency holding
the weapon].
SECTION 2. The change in law made by this Act applies to the
disposition of a weapon on or after the effective date of this Act,
regardless of whether the weapon was seized by a law enforcement
agency before, on, or after that date.
SECTION 3. This Act takes effect September 1, 2025.