85R11673 JSC-D     By: Swanson H.B. No. 3007       A BILL TO BE ENTITLED   AN ACT   relating to temporary secure storage of weapons at public   buildings; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 2165, Government Code, is amended by   adding Subchapter J to read as follows:   SUBCHAPTER J. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC   BUILDINGS          Sec. 2165.451.  APPLICABILITY. This subchapter applies to a   building or portion of a building used by an agency of this state   that is generally open to the public and in which:                (1)  carrying a firearm, handgun, knife, or other   weapon on the premises or part of the premises would violate Chapter   46, Penal Code, or other law; or                (2)  the state agency in control of the building, by   sign or otherwise, prohibits firearms, handguns, knives, or other   weapons on the premises or part of the premises.          Sec. 2165.452.  TEMPORARY SECURE WEAPON STORAGE REQUIRED.   (a)  A state agency must provide temporary secure weapon storage for   each building or portion of a building to which this chapter applies   for persons who enter the building or portion of the building with a   weapon prohibited in that building or portion of a building.          (b)  The temporary secure weapon storage must be provided   directly outside or immediately inside the entrance to the building   or portion of the building in which weapons are prohibited.          (c)  A state agency may satisfy the requirements of this   chapter by providing for the building or portion of the building:                (1)  the self-service weapon lockers described by   Section 2165.453; or                (2)  other temporary secure weapon storage operated at   all times by a public employee under Section 2165.454.          Sec. 2165.453.  SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY   SECURE STORAGE.  (a)  A state agency may provide self-service weapon   lockers for the temporary secure storage of any weapon prohibited   in a building or portion of a building.          (b)  Each self-service weapon locker must be large enough to   accommodate a handgun or knife. A state agency may, but is not   required to, provide self-service weapon lockers appropriate for   the storage of a rifle or other long gun.          (c)  A self-service weapon locker must allow secure locking   by the user and:                (1)  provide a key for reopening; or                (2)  reopen by other electronic means, such as by a   fingerprint scan or entry of a numeric code.          (d)  A state agency may require a person to submit the   person's name, the number of the person's driver's license or other   form of identification, and the person's telephone number as a   condition for use of a self-service weapon locker.          Sec. 2165.454.  TEMPORARY SECURE WEAPON STORAGE   ADMINISTERED BY PUBLIC EMPLOYEE. (a)  A state agency may provide   temporary secure weapon storage operated by a public employee for a   building or portion of a building in which weapons are prohibited.          (b)  The weapons in temporary secure weapon storage must be   placed in a safe, locker, or other location that is locked and   accessible only to an employee of the state agency.          (c)  If a person gives to the public employee the person's   weapon for temporary secure storage, the employee shall:                (1)  securely affix a claim tag to the weapon;                (2)  provide the person with a claim receipt for   reclaiming the weapon; and                (3)  record the person's name, the number of the   person's driver's license or other form of identification, and the   person's telephone number.          (d)  A person may reclaim the person's weapon by showing the   employee operating the temporary secure weapon storage:                (1)  the claim receipt given to the person at the time   the weapon was placed in temporary secure storage; or                (2)  the person's driver's license or other form of   identification.          (e)  A state agency that provides temporary secure weapon   storage under this section shall ensure that:                (1)  the temporary secure weapon storage is available   and monitored by a public employee at all times that the building or   portion of the building is open to the public; and                (2)  a person who is placing the weapon in storage or   retrieving the weapon from storage is not required to wait more than   five minutes.          Sec. 2165.455.  FEES. A state agency under this chapter may   collect a fee for the use of a self-service weapon locker or other   temporary secure weapon storage, not to exceed $1 for each day of   use.          Sec. 2165.456.  UNCLAIMED WEAPONS. (a)  A weapon that is   unclaimed at the end of a business day may be removed from the   self-service weapon locker or other temporary secure storage and   placed in another secure location.          (b)  If practicable, the state agency shall notify the person   who placed the weapon in a self-service weapon locker or other   temporary secure storage that the weapon is in the custody of the   state agency and is subject to forfeiture if not reclaimed before   the 30th day after the date the weapon was placed in a self-service   weapon locker or other temporary secure storage. If the person   provided a telephone number when the weapon was placed in a   self-service weapon locker or other temporary secure storage, the   state agency shall notify the person by using that telephone   number.          (c)  At each location where a weapon may be placed in a   self-service weapon locker or other temporary secure storage, the   state agency shall put up a sign that describes the process for   reclaiming a weapon that was left in a self-service weapon locker or   other temporary secure storage for more than one business day.          (d)  The state agency may require identification or other   evidence of ownership before returning the unclaimed weapon. On   return of the weapon, the state agency may charge a fee of not more   than $1 for each day that the state agency stored the weapon.          (e)  If the weapon is not reclaimed before the 30th day after   the date the weapon was placed in a self-service weapon locker or   other temporary secure storage, the weapon is forfeited.          (f)  If the forfeited weapon may not be legally possessed in   this state, the state agency shall turn the weapon over to local law   enforcement as evidence or for destruction.          (g)  If a person may legally possess the weapon in this   state, the weapon may be sold at public sale by an auctioneer   licensed under Chapter 1802, Occupations Code.          (h)  Only a firearms dealer licensed under 18 U.S.C. Section   923 may purchase a firearm at public sale under this section.          (i)  Proceeds from the sale of a weapon under this section   shall be transferred, after the deduction of auction costs, to the   general revenue fund.          SECTION 2.  Subtitle C, Title 11, Local Government Code, is   amended by adding Chapter 365 to read as follows:   CHAPTER 365. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC   BUILDINGS          Sec. 365.001.  APPLICABILITY. This chapter applies to a   building or portion of a building used by a political subdivision of   this state that is generally open to the public and in which:                (1)  carrying a firearm, handgun, knife, or other   weapon on the premises or part of the premises would violate Chapter   46, Penal Code, or other law; or                (2)  the political subdivision in control of the   building, by sign or otherwise, prohibits firearms, handguns,   knives, or other weapons on the premises or part of the premises.          Sec. 365.002.  TEMPORARY SECURE WEAPON STORAGE REQUIRED.   (a)  A political subdivision must provide temporary secure weapon   storage for each building or portion of a building to which this   chapter applies for persons who enter the building or portion of the   building with a weapon prohibited in that building or portion of a   building.          (b)  The temporary secure weapon storage must be provided   directly outside or immediately inside the entrance to the building   or portion of the building in which weapons are prohibited.          (c)  A political subdivision may satisfy the requirements of   this chapter by providing for the building or portion of the   building:                (1)  the self-service weapon lockers described by   Section 365.003; or                (2)  other temporary secure weapon storage operated at   all times by a public employee under Section 365.004.          Sec. 365.003.  SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY   SECURE STORAGE.  (a)  A political subdivision may provide   self-service weapon lockers for the temporary secure storage of any   weapon prohibited in a building or portion of a building.          (b)  Each self-service weapon locker must be large enough to   accommodate a handgun or knife. A political subdivision may, but is   not required to, provide self-service weapon lockers appropriate   for the storage of a rifle or other long gun.          (c)  A self-service weapon locker must allow secure locking   by the user and:                (1)  provide a key for reopening; or                (2)  reopen by other electronic means, such as by a   fingerprint scan or entry of a numeric code.          (d)  A political subdivision may require a person to submit   the person's name, the number of the person's driver's license or   other form of identification, and the person's telephone number as   a condition for use of a self-service weapon locker.          Sec. 365.004.  TEMPORARY SECURE WEAPON STORAGE ADMINISTERED   BY PUBLIC EMPLOYEE. (a)  A political subdivision may provide   temporary secure weapon storage operated by a public employee for a   building or portion of a building in which weapons are prohibited.          (b)  The weapons in temporary secure weapon storage must be   placed in a safe, locker, or other location that is locked and   accessible only to an employee of the political subdivision.          (c)  If a person gives to the public employee the person's   weapon for temporary secure storage, the employee shall:                (1)  securely affix a claim tag to the weapon;                (2)  provide the person with a claim receipt for   reclaiming the weapon; and                (3)  record the person's name, the number of the   person's driver's license or other form of identification, and the   person's telephone number.          (d)  A person may reclaim the person's weapon by showing the   employee operating the temporary secure weapon storage:                (1)  the claim receipt given to the person at the time   the weapon was placed in temporary secure storage; or                (2)  the person's driver's license or other form of   identification.          (e)  A political subdivision that provides temporary secure   weapon storage under this section shall ensure that:                (1)  the temporary secure weapon storage is available   and monitored by a public employee at all times that the building or   portion of the building is open to the public; and                (2)  a person who is placing the weapon in storage or   retrieving the weapon from storage is not required to wait more than   five minutes.          Sec. 365.005.  FEES. A political subdivision under this   chapter may collect a fee for the use of a self-service weapon   locker or other temporary secure weapon storage, not to exceed $1   for each day of use.          Sec. 365.006.  UNCLAIMED WEAPONS. (a)  A weapon that is   unclaimed at the end of a business day may be removed from the   self-service weapon locker or other temporary secure storage and   placed in another secure location.          (b)  If practicable, the political subdivision shall notify   the person who placed the weapon in a self-service weapon locker or   other temporary secure storage that the weapon is in the custody of   the political subdivision and is subject to forfeiture if not   reclaimed before the 30th day after the date the weapon was placed   in a self-service weapon locker or other temporary secure storage.   If the person provided a telephone number when the weapon was placed   in a self-service weapon locker or other temporary secure storage,   the political subdivision shall notify the person by using that   telephone number.          (c)  At each location where a weapon may be placed in a   self-service weapon locker or other temporary secure storage, the   political subdivision shall put up a sign that describes the   process for reclaiming a weapon that was left in a self-service   weapon locker or other temporary secure storage for more than one   business day.          (d)  The political subdivision may require identification or   other evidence of ownership before returning the unclaimed weapon.   On return of the weapon, the political subdivision may charge a fee   of not more than $1 for each day that the political subdivision   stored the weapon.          (e)  If the weapon is not reclaimed before the 30th day after   the date the weapon was placed in a self-service weapon locker or   other temporary secure storage, the weapon is forfeited.          (f)  If the forfeited weapon may not be legally possessed in   this state, the political subdivision shall turn the weapon over to   local law enforcement as evidence or for destruction.          (g)  If a person may legally possess the weapon in this   state, the weapon may be sold at public sale by an auctioneer   licensed under Chapter 1802, Occupations Code.          (h)  Only a firearms dealer licensed under 18 U.S.C. Section   923 may purchase a firearm at public sale under this section.          (i)  Proceeds from the sale of a weapon under this section   shall be transferred, after the deduction of auction costs, to the   treasury of the political subdivision.          SECTION 3.  Not later than March 1, 2018, each state agency   and political subdivision to which this Act applies shall provide   self-service weapon lockers or other temporary secure storage.          SECTION 4.  This Act takes effect September 1, 2017.