bill ordering people barred from guns to dispose of them

The text as introduced · 1,490 words

89R4504 MEW-D

By: Moody
H.B. No. 857

A BILL TO BE ENTITLED

AN ACT

relating to requiring certain persons prohibited by law from

owning, possessing, or controlling a firearm to dispose of firearms

owned, possessed, or controlled by the person.

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. DISPOSAL OF FIREARM BY CERTAIN PERSONS PROHIBITED BY

LAW FROM OWNING, POSSESSING, OR CONTROLLING A FIREARM

Art. 68.001. APPLICABILITY. This chapter applies to a

person who:

(1) is convicted of:

(A) an offense involving family violence, as

defined by Section 71.004, Family Code; or

(B) a felony;

(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; or

(3) is subject to a condition of bond or community

supervision prohibiting the person from acquiring, possessing, or

controlling a firearm.

Art. 68.002. NOTICE AND ORDER TO DISPOSE OF FIREARM. On

conviction of a person for an offense described by Article

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

imposition of a condition described by Article 68.001(3), the court

shall:

(1) provide written notice to the person that the

person is prohibited from acquiring, possessing, or controlling a

firearm; and

(2) order the person to dispose of all firearms the

person owns, possesses, or controls not later than the 10th day

after:

(A) the date the person receives notice under

this article; or

(B) if the person was taken into custody

immediately after conviction, the date the person is released from

confinement.

Art. 68.003. REQUIRED DOCUMENTATION. A person subject to

an order under Article 68.002 shall submit to the court, not later

than the date specified by Subdivision (2) of that article, a signed

affidavit affirming that the person:

(1) has disposed of all firearms the person owns,

possesses, or controls; or

(2) does not own, possess, or control a firearm.

Art. 68.004. FORM OF AFFIDAVIT. The Office of Court

Administration of the Texas Judicial System shall adopt a model

affidavit for purposes of Article 68.003.

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 ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL 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 ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL 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 ANY FIREARMS IN THE PERSON'S POSSESSION OR CONTROL 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, or who is subject to a

condition of bond or community supervision described by Article

68.001(3), 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, who is the subject of an order

issued before that date, or who is subject to a condition imposed

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 68.004,

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.