| 1 | 1 | | 89R8640 EAS-D |
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| 2 | 2 | | By: Blanco S.B. No. 2908 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the disposition of a firearm surrendered through a |
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| 10 | 10 | | firearm buyback program administered by certain local law |
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| 11 | 11 | | enforcement agencies. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subtitle C, Title 11, Local Government Code, is |
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| 14 | 14 | | amended by adding Chapter 366 to read as follows: |
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| 15 | 15 | | CHAPTER 366. LOCAL LAW ENFORCEMENT AGENCY FIREARM BUYBACK |
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| 16 | 16 | | PROGRAMS |
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| 17 | 17 | | Sec. 366.001. DEFINITIONS. In this chapter: |
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| 18 | 18 | | (1) "Firearm buyback program" means a program under |
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| 19 | 19 | | which a local law enforcement agency offers a payment in exchange |
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| 20 | 20 | | for the surrender of a firearm to the agency. |
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| 21 | 21 | | (2) "Local law enforcement agency" means a municipal |
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| 22 | 22 | | police department or sheriff's department. |
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| 23 | 23 | | Sec. 366.002. DISPOSITION OF SURRENDERED FIREARM. (a) |
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| 24 | 24 | | Except as provided by Subsection (b), a local law enforcement |
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| 25 | 25 | | agency that receives a firearm surrendered through a firearm |
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| 26 | 26 | | buyback program shall ensure that all firearms received through the |
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| 27 | 27 | | firearm buyback program are destroyed. For purposes of this |
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| 28 | 28 | | section, destruction of a firearm means at a minimum: |
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| 29 | 29 | | (1) to completely melt, shred, or crush the firearm |
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| 30 | 30 | | receiver, frame, scope, and all other component parts of the |
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| 31 | 31 | | firearm; or |
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| 32 | 32 | | (2) to cut each of the following in at least three |
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| 33 | 33 | | critical locations: |
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| 34 | 34 | | (A) the firearm receiver; and |
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| 35 | 35 | | (B) any other component part of the firearm that |
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| 36 | 36 | | is similar to or exceeds the size of the receiver. |
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| 37 | 37 | | (b) Notwithstanding Subsection (a), a local law enforcement |
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| 38 | 38 | | agency may sell to a person a firearm received through a program |
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| 39 | 39 | | described by this section only if the agency: |
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| 40 | 40 | | (1) requests that a firearms dealer licensed under 18 |
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| 41 | 41 | | U.S.C. Section 923 conduct a national instant criminal background |
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| 42 | 42 | | check of the person in the manner required by 18 U.S.C. Section 922; |
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| 43 | 43 | | and |
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| 44 | 44 | | (2) uses the results of the background check to verify |
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| 45 | 45 | | that the person to whom the firearm is being sold may lawfully |
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| 46 | 46 | | possess a firearm. |
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| 47 | 47 | | (c) On a finding by the Texas Commission on Law Enforcement |
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| 48 | 48 | | that the chief administrator of a local law enforcement agency |
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| 49 | 49 | | intentionally failed to destroy a firearm in accordance with this |
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| 50 | 50 | | section, the commission shall begin disciplinary procedures |
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| 51 | 51 | | against the chief administrator. |
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| 52 | 52 | | SECTION 2. This Act takes effect September 1, 2025. |
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