Texas 2025 - 89th Regular

Texas House Bill HB857 Compare Versions

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

Old	New	Differences
1	1	89R4504 MEW-D
2	2	By: Moody H.B. No. 857
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring certain persons prohibited by law from
10	10	owning, possessing, or controlling a firearm to dispose of firearms
11	11	owned, possessed, or controlled 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. DISPOSAL OF FIREARM BY CERTAIN PERSONS PROHIBITED BY
16	16	LAW FROM OWNING, POSSESSING, OR CONTROLLING A FIREARM
17	17	Art. 68.001. APPLICABILITY. This chapter applies to a
18	18	person who:
19	19	(1) is convicted of:
20	20	(A) an offense involving family violence, as
21	21	defined by Section 71.004, Family Code; or
22	22	(B) a felony;
23	23	(2) is the subject of:
24	24	(A) a protective order under Chapter 85, Family
25	25	Code, or Subchapter A, Chapter 7B, of this code; or
26	26	(B) a magistrate's order for emergency
27	27	protection under Article 17.292; or
28	28	(3) is subject to a condition of bond or community
29	29	supervision prohibiting the person from acquiring, possessing, or
30	30	controlling a firearm.
31	31	Art. 68.002. NOTICE AND ORDER TO DISPOSE OF FIREARM. On
32	32	conviction of a person for an offense described by Article
33	33	68.001(1), issuance of an order described by Article 68.001(2), or
34	34	imposition of a condition described by Article 68.001(3), the court
35	35	shall:
36	36	(1) provide written notice to the person that the
37	37	person is prohibited from acquiring, possessing, or controlling a
38	38	firearm; and
39	39	(2) order the person to dispose of all firearms the
40	40	person owns, possesses, or controls not later than the 10th day
41	41	after:
42	42	(A) the date the person receives notice under
43	43	this article; or
44	44	(B) if the person was taken into custody
45	45	immediately after conviction, the date the person is released from
46	46	confinement.
47	47	Art. 68.003. REQUIRED DOCUMENTATION. A person subject to
48	48	an order under Article 68.002 shall submit to the court, not later
49	49	than the date specified by Subdivision (2) of that article, a signed
50	50	affidavit affirming that the person:
51	51	(1) has disposed of all firearms the person owns,
52	52	possesses, or controls; or
53	53	(2) does not own, possess, or control a firearm.
54	54	Art. 68.004. FORM OF AFFIDAVIT. The Office of Court
55	55	Administration of the Texas Judicial System shall adopt a model
56	56	affidavit for purposes of Article 68.003.
57	57	SECTION 2. Article 7B.006(a), Code of Criminal Procedure,
58	58	is amended to read as follows:
59	59	(a) Each protective order issued under this subchapter,
60	60	including a temporary ex parte order, must contain the following
61	61	prominently displayed statements in boldfaced type, in capital
62	62	letters, or underlined:
63	63	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
64	64	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
65	65	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
66	66	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
67	67	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
68	68	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
69	69	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
70	70	UNLESS A COURT CHANGES THE ORDER."
71	71	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
72	72	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
73	73	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
74	74	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
75	75	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
76	76	OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS PROVIDED BY
77	77	CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
78	78	SECTION 3. Article 17.292(g), Code of Criminal Procedure,
79	79	is amended to read as follows:
80	80	(g) An order for emergency protection issued under this
81	81	article must contain the following statements printed in bold-face
82	82	type or in capital letters:
83	83	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
84	84	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
85	85	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
86	86	RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
87	87	MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
88	88	VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE
89	89	FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
90	90	LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER
91	91	THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE,
92	92	ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE
93	93	OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS
94	94	ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY
95	95	CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST
96	96	DISPOSE OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS
97	97	PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
98	98	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
99	99	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
100	100	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
101	101	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
102	102	UNLESS A COURT CHANGES THE ORDER."
103	103	SECTION 4. Section 85.026(a), Family Code, is amended to
104	104	read as follows:
105	105	(a) Each protective order issued under this subtitle,
106	106	including a temporary ex parte order, must contain the following
107	107	prominently displayed statements in boldfaced type, capital
108	108	letters, or underlined:
109	109	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
110	110	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
111	111	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
112	112	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
113	113	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
114	114	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
115	115	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
116	116	UNLESS A COURT CHANGES THE ORDER."
117	117	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
118	118	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
119	119	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
120	120	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
121	121	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE
122	122	OF ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL AS PROVIDED BY
123	123	CHAPTER 68, CODE OF CRIMINAL PROCEDURE."
124	124	"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
125	125	CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
126	126	EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
127	127	ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
128	128	IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
129	129	"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
130	130	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
131	131	IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
132	132	"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
133	133	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
134	134	IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
135	135	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
136	136	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
137	137	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
138	138	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
139	139	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
140	140	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
141	141	FOR AT LEAST TWO YEARS."
142	142	SECTION 5. (a) Chapter 68, Code of Criminal Procedure, as
143	143	added by this Act, applies only to a person who is convicted of an
144	144	offense described by Article 68.001(1), Code of Criminal Procedure,
145	145	as added by this Act, on or after January 1, 2026, or who is the
146	146	subject of an order described by Article 68.001(2), Code of
147	147	Criminal Procedure, as added by this Act, or who is subject to a
148	148	condition of bond or community supervision described by Article
149	149	68.001(3), Code of Criminal Procedure, as added by this Act, that is
150	150	issued on or after that date. A person who is convicted of an
151	151	offense before January 1, 2026, who is the subject of an order
152	152	issued before that date, or who is subject to a condition imposed
153	153	before that date, is governed by the law in effect immediately
154	154	before the effective date of this Act, and the former law is
155	155	continued in effect for that purpose.
156	156	(b) The Office of Court Administration of the Texas Judicial
157	157	System shall adopt the model affidavit required by Article 68.004,
158	158	Code of Criminal Procedure, as added by this Act, not later than
159	159	December 1, 2025.
160	160	SECTION 6. The change in law made by this Act relating to
161	161	the contents of a protective order or a magistrate's order for
162	162	emergency protection applies to an order issued on or after January
163	163	1, 2026. An order issued before that date is governed by the law as
164	164	it existed immediately before the effective date of this Act, and
165	165	the former law is continued in effect for that purpose.
166	166	SECTION 7. This Act takes effect September 1, 2025.