Texas 2025 - 89th Regular

Texas Senate Bill SB1748 Compare Versions

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

Old	New	Differences
1	1	89R9027 LHC-D
2	2	By: Alvarado S.B. No. 1748
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to notice for certain defendants regarding the unlawful
10	10	possession or acquisition of a firearm or ammunition and a related
11	11	affidavit of firearm dispossession.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 42.0131, Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	Art. 42.0131. REQUIRED NOTICE FOR PERSONS CONVICTED OF
16	16	MISDEMEANORS INVOLVING FAMILY VIOLENCE; AFFIDAVIT OF FIREARM
17	17	DISPOSSESSION. (a) In this article, "firearm" has the meaning
18	18	assigned by Section 46.01, Penal Code.
19	19	(b) If a person is convicted of a misdemeanor involving
20	20	family violence, as defined by Section 71.004, Family Code, the
21	21	court shall:
22	22	(1) notify the person orally and in writing of the fact
23	23	that it is unlawful for the person to possess or transfer a firearm
24	24	or ammunition;
25	25	(2) provide the person an affidavit of firearm
26	26	dispossession described by Subsection (c); and
27	27	(3) inform the person that the affidavit of firearm
28	28	dispossession must be completed and returned to the court not later
29	29	than 48 hours after the person receives the notification under this
30	30	subsection.
31	31	(c) An affidavit of firearm dispossession must include:
32	32	(1) the following information:
33	33	(A) the deadline for the person to transfer or
34	34	surrender all firearms in the person's possession and return the
35	35	completed, signed affidavit; and
36	36	(B) lawful methods for transferring or
37	37	surrendering a firearm, including:
38	38	(i) transferring the firearm to a third
39	39	party who may lawfully possess a firearm;
40	40	(ii) surrendering the firearm to a
41	41	designated law enforcement agency; and
42	42	(iii) any other method of transferring the
43	43	firearm that complies with state and federal law, including the
44	44	National Firearms Act (26 U.S.C. Section 5801 et seq.);
45	45	(2) a declaration under penalty of perjury that all
46	46	firearms and ammunition in the person's possession have been
47	47	lawfully transferred or surrendered; and
48	48	(3) notice of the penalties for failure to comply with
49	49	the required dispossession of all firearms and ammunition,
50	50	including state and federal penalties.
51	51	(d) On receipt of a completed affidavit of firearm
52	52	dispossession described by Subsection (c), the court shall send a
53	53	copy of the affidavit, the judgment in the case, and the details of
54	54	the person's firearm dispossession to the sheriff in the county in
55	55	which the person resides and, if applicable, the law enforcement
56	56	agency with jurisdiction over the municipality in which the person
57	57	resides.
58	58	(e) The Texas Commission on Law Enforcement shall develop
59	59	written model policies and related forms that law enforcement
60	60	agencies may use to implement the requirements of this article,
61	61	including separate model policies tailored to the needs of law
62	62	enforcement agencies located in rural and urban areas. The
63	63	commission shall post the written model policies and related forms
64	64	on the commission's Internet website. The commission may
65	65	collaborate with urban and rural law enforcement agencies, the
66	66	Office of Court Administration of the Texas Judicial System, and
67	67	any other agencies as necessary to develop the model policies under
68	68	this subsection.
69	69	SECTION 2. Not later than January 1, 2026, the Texas
70	70	Commission on Law Enforcement shall publish the model policies
71	71	required by Article 42.0131(e), Code of Criminal Procedure, as
72	72	added by this Act.
73	73	SECTION 3. The changes in law made by this Act apply to a
74	74	judgment of conviction entered on or after the effective date of
75	75	this Act, regardless of whether the offense of which the defendant
76	76	is convicted was committed before, on, or after that date.
77	77	SECTION 4. This Act takes effect September 1, 2025.