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