bill making family violence offenders give up their guns

The text as introduced · 2,316 words

By: Rodríguez Ramos
H.B. No. 2629

A BILL TO BE ENTITLED

AN ACT

relating to requiring a person convicted of an offense involving

family violence or a person who is the subject of a protective order

to surrender firearms owned by the person; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 1, Code of Criminal Procedure, is amended

by adding Chapter 68 to read as follows:

CHAPTER 68. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN FAMILY

VIOLENCE OFFENSES OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS

Art. 68.001. APPLICABILITY. This chapter applies to a

person who:

(1) is convicted of an offense involving family

violence, as defined by Section 71.004, Family Code; or

(2) is the subject of:

(A) a protective order under Chapter 85, Family

Code, or Subchapter A, Chapter 7B of this code; or

(B) a magistrate's order for emergency

protection under Article 17.292.

Art. 68.002. NOTICE AND ORDER TO SURRENDER FIREARM. On

conviction of a person for an offense described by Article

68.001(1) or issuance of an order described by Article 68.001(2),

the court shall:

(1) provide written notice to the person who was

convicted or who is the subject of the order that the person is

prohibited from acquiring, possessing, or controlling a firearm

under 18 U.S.C. Section 922(g); and

(2) order the person to surrender all firearms the

person owns in the manner provided by Article 68.003:

(A) if the person receives notice under this

article, within the period provided by the notice for the surrender

of the firearms, which may not be more than 48 hours after the

receipt of the notice; or

(B) if the person was taken into custody

immediately after conviction, not later than 48 hours after the

person is released from custody.

Art. 68.003. SURRENDER OF FIREARM. A person required to

surrender a firearm under Article 68.002 shall surrender the

firearm by:

(1) selling the firearm to a person who is a licensed

firearms dealer under 18 U.S.C. Section 923;

(2) surrendering the firearm to a law enforcement

agency for holding in the manner described by Article 68.006, if the

person is required to surrender the firearm based on:

(A) a conviction described by Article 68.001(1)

that the person intends to appeal; or

(B) an order described by Article 68.001(2); or

(3) surrendering the firearm to a law enforcement

agency for disposition in the manner provided by Article 68.007, if

the person is required to surrender the firearm based on a

conviction described by Article 68.001(1) that the person does not

intend to appeal.

Art. 68.004. REQUIRED DOCUMENTATION. (a) A person subject

to an order under Article 68.002 who does not own a firearm shall

submit to the court a signed affidavit affirming that the person

does not own a firearm.

(b) A licensed firearms dealer who takes possession of a

firearm from a person required to surrender the firearm under

Article 68.002 shall immediately provide the person with a written

receipt for the firearm, and the person shall file the receipt with

the court.

Art. 68.005. LAW ENFORCEMENT AGENCY POLICY REGARDING

SURRENDER OF FIREARM; FEE. (a) A law enforcement agency that takes

possession of surrendered firearms under this chapter shall develop

any necessary forms, policies, and procedures for collecting and

storing and for returning, selling, or destroying the firearms.

(b) The law enforcement agency may impose a reasonable fee

for storing a firearm surrendered under this chapter.

Art. 68.006. HOLDING OF FIREARM SURRENDERED TO LAW

ENFORCEMENT AGENCY. (a) A law enforcement agency that takes

possession of a firearm under Article 68.003(2) shall immediately

provide the person surrendering the firearm a written receipt for

the firearm and a written notice of the procedure for the return of

the firearm under this article, including any applicable fees due

on return of the firearm.

(b) A person who receives a receipt under Subsection (a)

shall file the receipt with the court.

(c) Not later than the 30th day after the date of any of the

following, the clerk of the court shall notify the law enforcement

agency that, as applicable:

(1) the conviction for which the person was required

to surrender the person's firearm became final;

(2) the conviction for which the person was required

to surrender the person's firearm was vacated, dismissed, reversed

on appeal, or otherwise fully discharged or the person received a

full pardon for the conviction; or

(3) the order for which the person was required to

surrender the person's firearm has expired or has been rescinded.

(d) Not later than the 30th day after the date the law

enforcement agency holding a firearm subject to disposition under

this article receives the notice described by Subsection (c)(2) or

(3), the law enforcement agency shall conduct a check of state and

national criminal history record information to verify whether the

person may lawfully possess a firearm under 18 U.S.C. Section

922(g) and under the law of this state.

(e) If the check conducted under Subsection (d) verifies

that the person may lawfully possess a firearm, the law enforcement

agency shall provide to the person by certified mail written notice

stating that the firearm may be returned to the person if, before

the 121st day after the date of the notice, the person submits:

(1) a written request for the return of the firearm;

and

(2) a reasonable fee for storing the firearm in the

amount set by the law enforcement agency holding the firearm.

(f) If the law enforcement agency receives notice under

Subsection (c)(1) or if the check conducted under Subsection (d)

shows that the person may not lawfully possess a firearm, the law

enforcement agency shall provide to the person by certified mail

written notice stating that:

(1) the person may not lawfully possess a firearm

under 18 U.S.C. Section 922(g) or under the law of this state; and

(2) the law enforcement agency holding the firearm

will dispose of the firearm in the manner provided by Article

68.007.

Art. 68.007. DISPOSITION OF FIREARM SURRENDERED TO LAW

ENFORCEMENT AGENCY. (a) A law enforcement agency shall provide for

a firearm surrendered to the law enforcement agency under this

chapter to be sold by a person who is a licensed firearms dealer

under 18 U.S.C. Section 923 if:

(1) the person surrendered the firearm under Article

68.003(2) and:

(A) the person did not respond to notice under

Article 68.006(e) before the 121st day after the date of the notice;

or

(B) the law enforcement agency has provided

notice under Article 68.006(f) that the person may not lawfully

possess a firearm and that the law enforcement agency intends to

dispose of the firearm as provided by this article; or

(2) the person surrendered the firearm under Article

68.003(3).

(b) The proceeds from the sale of a firearm under this

article shall be paid to the owner of the firearm, less:

(1) the cost of administering this article with

respect to the firearm; and

(2) if applicable, a reasonable fee for storing the

firearm under Article 68.006 in the amount set by the law

enforcement agency holding the firearm.

(c) An unclaimed firearm that is surrendered as provided by

this chapter may not be destroyed or forfeited to the state.

Art. 68.008. FORM OF AFFIDAVIT. The Office of Court

Administration of the Texas Judicial System shall adopt a model

affidavit for purposes of Article 68.004.

SECTION 2. Article 7B.006(a), Code of Criminal Procedure,

is amended to read as follows:

(a) Each protective order issued under this subchapter,

including a temporary ex parte order, must contain the following

prominently displayed statements in boldfaced type, in capital

letters, or underlined:

"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR

CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN

JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."

"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS

ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY

PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS

VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT

UNLESS A COURT CHANGES THE ORDER."

"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS

DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT

AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL

SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A

FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE

OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED

BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE. "

SECTION 3. Article 17.292(g), Code of Criminal Procedure,

is amended to read as follows:

(g) An order for emergency protection issued under this

article must contain the following statements printed in bold-face

type or in capital letters:

"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED

BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY

CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT

RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE

MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A

VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE

FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT

LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER

THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE,

ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE

OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS

ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY

CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MUST

DISPOSE OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS

PROVIDED BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE."

"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS

ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY

PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS

VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT

UNLESS A COURT CHANGES THE ORDER."

SECTION 4. Section 85.026(a), Family Code, is amended to

read as follows:

(a) Each protective order issued under this subtitle,

including a temporary ex parte order, must contain the following

prominently displayed statements in boldfaced type, capital

letters, or underlined:

"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR

CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN

JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."

"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS

ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY

PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS

VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT

UNLESS A COURT CHANGES THE ORDER."

"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS

DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT

AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL

SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A

FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MUST DISPOSE

OF OR SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION AS PROVIDED

BY CHAPTER 68, CODE OF CRIMINAL PROCEDURE. "

"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM

CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE

EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST

ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR

IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:

"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS

RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR

IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR

"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS

RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR

IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."

"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED

BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY

CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT

RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE

MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A

SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON

FOR AT LEAST TWO YEARS."

SECTION 5. (a) Chapter 68, Code of Criminal Procedure, as

added by this Act, applies only to a person who is convicted of an

offense described by Article 68.001(1), Code of Criminal Procedure,

as added by this Act, on or after January 1, 2026, or who is the

subject of an order described by Article 68.001(2), Code of

Criminal Procedure, as added by this Act, that is issued on or after

that date. A person who is convicted of an offense before January

1, 2026, or who is the subject of an order issued before that date is

governed by the law in effect immediately before the effective date

of this Act, and the former law is continued in effect for that

purpose.

(b) The Office of Court Administration of the Texas Judicial

System shall adopt the model affidavit required by Article 68.008,

Code of Criminal Procedure, as added by this Act, not later than

December 1, 2025.

SECTION 6. The change in law made by this Act relating to

the contents of a protective order or a magistrate's order for

emergency protection applies to an order issued on or after January

1, 2026. An order issued before that date is governed by the law as

it existed immediately before the effective date of this Act, and

the former law is continued in effect for that purpose.

SECTION 7. This Act takes effect September 1, 2025.