Texas 2025 - 89th Regular

Texas House Bill HB498 Compare Versions

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

Old	New	Differences
1	1	89R4704 MCF-D
2	2	By: Meza H.B. No. 498
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring a person convicted of an offense involving
10	10	family violence or a person who is the subject of a family violence
11	11	protective order to surrender firearms owned by the person.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Title 1, Code of Criminal Procedure, is amended
14	14	by adding Chapter 68 to read as follows:
15	15	CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN OFFENSES
16	16	OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS
17	17	Art. 68.01. APPLICABILITY. This chapter applies to a
18	18	person who:
19	19	(1) is convicted of an offense involving family
20	20	violence, as defined by Section 71.004, Family Code;
21	21	(2) is the subject of a protective order under Chapter
22	22	85, Family Code; or
23	23	(3) is the subject of a magistrate's order for
24	24	emergency protection under Article 17.292 following an arrest for
25	25	an offense involving family violence.
26	26	Art. 68.02. NOTICE AND ORDER TO SURRENDER FIREARM. On
27	27	conviction of a person for an offense described by Article 68.01(1)
28	28	or issuance of an order described by Article 68.01(2) or (3), the
29	29	court shall:
30	30	(1) provide written notice to the person who was
31	31	convicted or who is the subject of the order that the person is
32	32	prohibited from acquiring, possessing, or controlling a firearm
33	33	under 18 U.S.C. Section 922(g); and
34	34	(2) order the person to surrender all firearms the
35	35	person owns in the manner provided by Article 68.03 not later than
36	36	the seventh day after:
37	37	(A) the date the person receives notice under
38	38	this article; or
39	39	(B) if the person was taken into custody
40	40	immediately after conviction, the date the person is released from
41	41	confinement.
42	42	Art. 68.03. SURRENDER OF FIREARM. A person required to
43	43	surrender a firearm under Article 68.02 shall surrender the firearm
44	44	by:
45	45	(1) regardless of the reason for which the person is
46	46	required to surrender the firearm, releasing the firearm to the
47	47	person's designee, if the designee provides to the court of
48	48	conviction or the court issuing the order, as applicable, a signed
49	49	affidavit affirming that the designee:
50	50	(A) may lawfully possess a firearm under 18
51	51	U.S.C. Section 922(g) and under the law of this state; and
52	52	(B) has taken possession of the firearm;
53	53	(2) selling the firearm to a person who is a licensed
54	54	firearms dealer under 18 U.S.C. Section 923, regardless of the
55	55	reason for which the person is required to surrender the firearm;
56	56	(3) surrendering the firearm to a law enforcement
57	57	agency for holding in the manner described by Article 68.05, if the
58	58	person is required to surrender the firearm based on:
59	59	(A) a conviction described by Article 68.01(1)
60	60	that the person intends to appeal; or
61	61	(B) an order described by Article 68.01(2) or
62	62	(3); or
63	63	(4) surrendering the firearm to a law enforcement
64	64	agency for disposition in the manner provided by Article 68.06, if
65	65	the person is required to surrender the firearm based on a
66	66	conviction described by Article 68.01(1) that the person does not
67	67	intend to appeal.
68	68	Art. 68.04. REQUIRED DOCUMENTATION. (a) A person subject
69	69	to an order under Article 68.02 who does not own a firearm shall
70	70	submit to the court a signed affidavit affirming that the person
71	71	does not own a firearm.
72	72	(b) A licensed firearms dealer who takes possession of a
73	73	firearm from a person required to surrender the firearm under
74	74	Article 68.02 shall immediately provide the person with a written
75	75	receipt for the firearm, and the person shall file the receipt with
76	76	the court.
77	77	Art. 68.05. HOLDING OF FIREARM SURRENDERED TO LAW
78	78	ENFORCEMENT AGENCY. (a) A law enforcement agency that takes
79	79	possession of a firearm under Article 68.03(3) shall immediately
80	80	provide the person surrendering the firearm a written receipt for
81	81	the firearm and a written notice of the procedure for the return of
82	82	the firearm under this article.
83	83	(b) A person who receives a receipt under Subsection (a)
84	84	shall file the receipt with the court.
85	85	(c) Not later than the 30th day after the date of any of the
86	86	following, the clerk of the court shall notify the law enforcement
87	87	agency that, as applicable:
88	88	(1) the conviction for which the person was required
89	89	to surrender the person's firearm became final;
90	90	(2) the conviction for which the person was required
91	91	to surrender the person's firearm was vacated, dismissed, reversed
92	92	on appeal, or otherwise fully discharged or the person received a
93	93	full pardon for the conviction; or
94	94	(3) the order for which the person was required to
95	95	surrender the person's firearm has expired.
96	96	(d) Not later than the 30th day after the date the law
97	97	enforcement agency holding a firearm subject to disposition under
98	98	this article receives the notice described by Subsection (c)(2) or
99	99	(3), the law enforcement agency shall conduct a check of state and
100	100	national criminal history record information to verify whether the
101	101	person may lawfully possess a firearm under 18 U.S.C. Section
102	102	922(g) and under the law of this state.
103	103	(e) If the check conducted under Subsection (d) verifies
104	104	that the person may lawfully possess a firearm, the law enforcement
105	105	agency shall provide to the person by certified mail written notice
106	106	stating that the firearm may be returned to the person if, before
107	107	the 121st day after the date of the notice, the person submits a
108	108	written request for the return of the firearm.
109	109	(f) If the law enforcement agency receives notice under
110	110	Subsection (c)(1) or if the check conducted under Subsection (d)
111	111	shows that the person may not lawfully possess a firearm, the law
112	112	enforcement agency shall provide to the person by certified mail
113	113	written notice stating that the person:
114	114	(1) may not lawfully possess a firearm under 18 U.S.C.
115	115	Section 922(g) or under the law of this state; and
116	116	(2) may dispose of the firearm by releasing the
117	117	firearm to:
118	118	(A) the person's designee if:
119	119	(i) the person requests that disposition
120	120	before the 121st day after the date of the notice; and
121	121	(ii) the designee provides to the law
122	122	enforcement agency a signed affidavit affirming that the designee
123	123	may lawfully possess a firearm under 18 U.S.C. Section 922(g) and
124	124	under the law of this state; or
125	125	(B) the law enforcement agency holding the
126	126	firearm, for disposition in the manner provided by Article 68.06.
127	127	Art. 68.06. DISPOSITION OF FIREARM SURRENDERED TO LAW
128	128	ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for
129	129	a firearm surrendered to the law enforcement agency under this
130	130	chapter to be sold by a person who is a licensed firearms dealer
131	131	under 18 U.S.C. Section 923 if:
132	132	(1) the firearm was surrendered under Article 68.03(3)
133	133	and the person who surrendered the firearm did not respond to notice
134	134	under Article 68.05(e) or (f) before the 121st day after the date of
135	135	the notice; or
136	136	(2) the firearm was surrendered under Article
137	137	68.03(4).
138	138	(b) The proceeds from the sale of a firearm under this
139	139	article shall be paid to the owner of the firearm, less the cost of
140	140	administering this article and, if applicable, Article 68.05 with
141	141	respect to the firearm.
142	142	(c) An unclaimed firearm that is surrendered as provided by
143	143	this chapter may not be destroyed or forfeited to the state.
144	144	Art. 68.07. FORM OF AFFIDAVITS. The Office of Court
145	145	Administration of the Texas Judicial System shall adopt model
146	146	affidavits for purposes of Articles 68.03, 68.04, and 68.05.
147	147	SECTION 2. (a) The change in law made by this Act applies
148	148	only to a person who is convicted of an offense described by Article
149	149	68.01(1), Code of Criminal Procedure, as added by this Act, on or
150	150	after January 1, 2026, or who is the subject of an order described
151	151	by Article 68.01(2) or (3), Code of Criminal Procedure, as added by
152	152	this Act, that is issued on or after that date. A person who is
153	153	convicted of an offense before January 1, 2026, or who is the
154	154	subject of an order issued before that date is governed by the law
155	155	in effect immediately before the effective date of this Act, and the
156	156	former law is continued in effect for that purpose.
157	157	(b) The Office of Court Administration of the Texas Judicial
158	158	System shall adopt the model affidavits required by Article 68.07,
159	159	Code of Criminal Procedure, as added by this Act, not later than
160	160	December 1, 2025.
161	161	SECTION 3. This Act takes effect September 1, 2025.