HB498 - Relating to requiring a person convicted of an offense involving family violence or a person who is the subject of a family violence protective order to surrender firearms owned by the person.

  89R4704 MCF-D     By: Meza H.B. No. 498       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 family violence   protective order to surrender firearms owned 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. SURRENDER OF FIREARM ON CONVICTION OF CERTAIN OFFENSES   OR ISSUANCE OF CERTAIN PROTECTIVE ORDERS           Art.   68.01.     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;                 (2)     is the subject of a protective order under Chapter   85, Family Code; or                 (3)     is the subject of a magistrate's order for   emergency protection under Article 17.292 following an arrest for   an offense involving family violence.           Art.   68.02.     NOTICE AND ORDER TO SURRENDER FIREARM. On   conviction of a person for an offense described by Article 68.01(1)   or issuance of an order described by Article 68.01(2) or (3), 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 68.03 not later than   the seventh 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.   68.03.     SURRENDER OF FIREARM. A person required to   surrender a firearm under Article 68.02 shall surrender the firearm   by:                 (1)     regardless of the reason for which the person is   required to surrender the firearm, releasing the firearm to the   person's designee, if the designee provides to the court of   conviction or the court issuing the order, as applicable, a signed   affidavit affirming that the designee:                       (A)     may lawfully possess a firearm under 18   U.S.C. Section 922(g) and under the law of this state; and                       (B)  has taken possession of the firearm;                 (2)     selling the firearm to a person who is a licensed   firearms dealer under 18 U.S.C. Section 923, regardless of the   reason for which the person is required to surrender the firearm;                 (3)     surrendering the firearm to a law enforcement   agency for holding in the manner described by Article 68.05, if the   person is required to surrender the firearm based on:                       (A)     a conviction described by Article 68.01(1)   that the person intends to appeal; or                       (B)     an order described by Article 68.01(2) or   (3); or                 (4)     surrendering the firearm to a law enforcement   agency for disposition in the manner provided by Article 68.06, if   the person is required to surrender the firearm based on a   conviction described by Article 68.01(1) that the person does not   intend to appeal.           Art.   68.04.     REQUIRED DOCUMENTATION. (a) A person subject   to an order under Article 68.02 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 68.02 shall immediately provide the person with a written   receipt for the firearm, and the person shall file the receipt with   the court.           Art.   68.05.     HOLDING OF FIREARM SURRENDERED TO LAW   ENFORCEMENT AGENCY. (a) A law enforcement agency that takes   possession of a firearm under Article 68.03(3) 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.           (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.           (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 a   written request for the return of 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 the person:                 (1)     may not lawfully possess a firearm under 18 U.S.C.   Section 922(g) or under the law of this state; and                 (2)     may dispose of the firearm by releasing the   firearm to:                       (A)  the person's designee if:                             (i)     the person requests that disposition   before the 121st day after the date of the notice; and                             (ii)     the designee provides to the law   enforcement agency a signed affidavit affirming that the designee   may lawfully possess a firearm under 18 U.S.C. Section 922(g) and   under the law of this state; or                       (B)     the law enforcement agency holding the   firearm, for disposition in the manner provided by Article 68.06.           Art.   68.06.     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 firearm was surrendered under Article 68.03(3)   and the person who surrendered the firearm did not respond to notice   under Article 68.05(e) or (f) before the 121st day after the date of   the notice; or                 (2)     the firearm was surrendered under Article   68.03(4).           (b)     The proceeds from the sale of a firearm under this   article shall be paid to the owner of the firearm, less the cost of   administering this article and, if applicable, Article 68.05 with   respect to the firearm.           (c)     An unclaimed firearm that is surrendered as provided by   this chapter may not be destroyed or forfeited to the state.           Art.   68.07.     FORM OF AFFIDAVITS. The Office of Court   Administration of the Texas Judicial System shall adopt model   affidavits for purposes of Articles 68.03, 68.04, and 68.05.          SECTION 2.  (a) The change in law made by this Act applies   only to a person who is convicted of an offense described by Article   68.01(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 68.01(2) or (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, 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 affidavits required by Article 68.07,   Code of Criminal Procedure, as added by this Act, not later than   December 1, 2025.          SECTION 3.  This Act takes effect September 1, 2025.