89R9027 LHC-D
By: Alvarado S.B. No. 1748
A BILL TO BE ENTITLED
AN ACT
relating to notice for certain defendants regarding the unlawful
possession or acquisition of a firearm or ammunition and a related
affidavit of firearm dispossession.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.0131, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.0131. REQUIRED NOTICE FOR PERSONS CONVICTED OF
MISDEMEANORS INVOLVING FAMILY VIOLENCE; AFFIDAVIT OF FIREARM
DISPOSSESSION. (a) In this article, "firearm" has the meaning
assigned by Section 46.01, Penal Code.
(b) If a person is convicted of a misdemeanor involving
family violence, as defined by Section 71.004, Family Code, the
court shall:
(1) notify the person orally and in writing of the fact
that it is unlawful for the person to possess or transfer a firearm
or ammunition;
(2) provide the person an affidavit of firearm
dispossession described by Subsection (c); and
(3) inform the person that the affidavit of firearm
dispossession must be completed and returned to the court not later
than 48 hours after the person receives the notification under this
subsection.
(c) An affidavit of firearm dispossession must include:
(1) the following information:
(A) the deadline for the person to transfer or
surrender all firearms in the person's possession and return the
completed, signed affidavit; and
(B) lawful methods for transferring or
surrendering a firearm, including:
(i) transferring the firearm to a third
party who may lawfully possess a firearm;
(ii) surrendering the firearm to a
designated law enforcement agency; and
(iii) any other method of transferring the
firearm that complies with state and federal law, including the
National Firearms Act (26 U.S.C. Section 5801 et seq.);
(2) a declaration under penalty of perjury that all
firearms and ammunition in the person's possession have been
lawfully transferred or surrendered; and
(3) notice of the penalties for failure to comply with
the required dispossession of all firearms and ammunition,
including state and federal penalties.
(d) On receipt of a completed affidavit of firearm
dispossession described by Subsection (c), the court shall send a
copy of the affidavit, the judgment in the case, and the details of
the person's firearm dispossession to the sheriff in the county in
which the person resides and, if applicable, the law enforcement
agency with jurisdiction over the municipality in which the person
resides.
(e) The Texas Commission on Law Enforcement shall develop
written model policies and related forms that law enforcement
agencies may use to implement the requirements of this article,
including separate model policies tailored to the needs of law
enforcement agencies located in rural and urban areas. The
commission shall post the written model policies and related forms
on the commission's Internet website. The commission may
collaborate with urban and rural law enforcement agencies, the
Office of Court Administration of the Texas Judicial System, and
any other agencies as necessary to develop the model policies under
this subsection.
SECTION 2. Not later than January 1, 2026, the Texas
Commission on Law Enforcement shall publish the model policies
required by Article 42.0131(e), Code of Criminal Procedure, as
added by this Act.
SECTION 3. The changes in law made by this Act apply to a
judgment of conviction entered on or after the effective date of
this Act, regardless of whether the offense of which the defendant
is convicted was committed before, on, or after that date.
SECTION 4. This Act takes effect September 1, 2025.