By: Ramos H.B. No. 60       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, 2024, 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, 2024, 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, 2023.          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, 2024. 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 on the 91st day after the   last day of the legislative session.