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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of county task forces for the disposition |
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of a firearm a person is prohibited from possessing under certain |
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court orders related to family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 236, Local Government Code, is amended |
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by adding Section 236.004 to read as follows: |
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Sec. 236.004. COUNTY TASK FORCES RELATING TO DISPOSITION OF |
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FIREARMS PROHIBITED UNDER COURT ORDER RELATED TO FAMILY VIOLENCE. |
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(a) In this section: |
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(1) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(2) "Family violence center" means a public or private |
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nonprofit organization that provides, as its primary purpose, |
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services, including the services under Section 51.005(b)(3), Human |
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Resources Code, to victims of family violence, as defined by |
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Section 51.002, Human Resources Code. |
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(3) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(4) "Task force" means a task force created by a county |
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under this section for the surrender, transfer, or other |
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disposition of a firearm a person is prohibited from possessing |
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under a court order related to family violence and for the return or |
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other disposition of a surrendered firearm. |
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(b) Each county commissioners court shall establish a task |
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force under this section that must include the following members if |
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applicable for the county: |
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(1) the chief administrative officer of a family |
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violence center or the chief administrator's designee; |
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(2) the chief of police of the municipality having the |
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largest population in the county or the chief's designee; |
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(3) the sheriff of the county or the sheriff's |
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designee; |
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(4) a judge of a court in the county with jurisdiction |
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over cases involving family violence; and |
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(5) a prosecutor with jurisdiction in the county over |
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cases involving family violence. |
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(c) The county commissioners court shall call the first |
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meeting of the task force at which the members shall elect a |
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presiding officer. All subsequent meetings shall be held at the |
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call of the presiding officer. |
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(d) The presiding officer may appoint additional members to |
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the task force if necessary for the task force to complete its |
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duties under Subsection (g). |
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(e) The task force may consult with individuals or |
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organizations having knowledge and experience in the issues of |
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firearms and family violence. |
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(f) A vacancy for a member of the task force shall be filled |
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immediately and in the same manner as the original appointment. |
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(g) The task force shall develop policy recommendations, |
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model forms, and guidelines for best practices related to: |
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(1) the surrender, transfer, or other disposition of a |
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firearm a person is prohibited from possessing under an order |
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issued as a result of or to prevent family violence, including: |
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(A) a protective order issued under Title 4, |
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Family Code, or Chapter 7B, Code of Criminal Procedure; |
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(B) a magistrate's order of emergency protection |
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issued under Article 17.292, Code of Criminal Procedure; |
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(C) an order setting the conditions of bond for a |
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defendant charged with an offense involving family violence under |
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Article 17.49, Code of Criminal Procedure; and |
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(D) an order granting community supervision to a |
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defendant convicted of an offense involving family violence, as |
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described by Article 42A.504, Code of Criminal Procedure; and |
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(2) the receipt, storage, and return or other |
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disposition of a firearm surrendered under Subdivision (1). |
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(h) In developing the recommendations, forms, and |
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guidelines required under this section, the task force shall: |
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(1) consult with a family violence advocacy |
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organization that provides services throughout the state; |
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(2) prioritize the safety of victims of family |
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violence, including victims of dating violence and victims of |
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emotional harm or abuse, and law enforcement personnel; |
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(3) ensure due process is provided; |
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(4) provide specific guidance on: |
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(A) policies and procedures for the surrender, |
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transfer, or other disposition of a firearm by a person subject to |
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an order described by Subsection (g)(1); |
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(B) policies and procedures for the receipt and |
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disposition of a transferred firearm by a firearms dealer licensed |
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under 18 U.S.C. Section 923 or a person not prohibited from |
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possessing a firearm by state or federal law; |
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(C) policies and procedures for the receipt and |
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storage of a surrendered firearm by a law enforcement agency or |
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other governmental entity and standards of care regarding the |
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storage of the surrendered firearm; |
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(D) policies and procedures for the return or |
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other disposition of a surrendered firearm by the law enforcement |
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agency or other governmental entity storing the firearm after the |
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order described by Subsection (g)(1) expires or is rescinded; and |
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(E) policies and procedures for compensating the |
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owner of a surrendered firearm that is damaged or destroyed while in |
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the possession of a law enforcement agency or other governmental |
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entity or while in the possession of an entity operating under a |
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contract with a governmental entity for the purpose of storing |
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surrendered firearms; |
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(5) require verification that a person described by |
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Subdivision (4)(A) has surrendered, transferred, or otherwise |
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disposed of all firearms in the person's possession; and |
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(6) provide for an enforcement option if a |
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verification is not made within 48 hours of the issuance of an order |
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described by Subsection (g)(1). |
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(i) The task force shall make available all |
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recommendations, forms, and guidelines developed under this |
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section to all judges with jurisdiction over cases involving family |
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violence in the county and all law enforcement agencies with |
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jurisdiction in the county. |
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(j) The task force shall meet not later than the 90th day |
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following the end of each regular legislative session to review and |
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amend any recommendations, forms, or guidelines developed under |
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this section. |
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(k) Not later than December 1 of each odd-numbered year, the |
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task force shall provide the county commissioners court a report |
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including: |
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(1) a list of task force members; |
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(2) a summary of all recommendations, forms, and |
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guidelines developed under this section; |
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(3) a description of practices and procedures in the |
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courts and law enforcement agencies within the county in regard to: |
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(A) the surrender, transfer, or other |
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disposition of a firearm a person is prohibited from possessing |
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under an order issued as a result of or to prevent family violence; |
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and |
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(B) the receipt, storage, and return or other |
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disposition of a surrendered firearm; and |
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(4) a description of potential sources of funding |
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available to implement recommendations. |
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(l) The commissioners courts of multiple counties may agree |
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to form a regional task force under this section to serve the needs |
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of all counties in the agreement. |
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SECTION 2. Notwithstanding the requirement in Section |
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236.004, Local Government Code, as added by this Act, that a report |
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be submitted by December 1 of each odd-numbered year, a task force |
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created under that section shall submit its first report to the |
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county commissioners court not later than June 1, 2022. |
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SECTION 3. This Act takes effect September 1, 2021. |