HB3065 - Relating to the disposition of a firearm surrendered through a firearm buyback program administered by certain local law enforcement agencies.

  89R8640 EAS-D     By: Anchía H.B. No. 3065       A BILL TO BE ENTITLED   AN ACT   relating to the disposition of a firearm surrendered through a   firearm buyback program administered by certain local law   enforcement agencies.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 11, Local Government Code, is   amended by adding Chapter 366 to read as follows:   CHAPTER 366.     LOCAL LAW ENFORCEMENT AGENCY FIREARM BUYBACK   PROGRAMS           Sec. 366.001.  DEFINITIONS.  In this chapter:                 (1)     "Firearm buyback program" means a program under   which a local law enforcement agency offers a payment in exchange   for the surrender of a firearm to the agency.                 (2)     "Local law enforcement agency" means a municipal   police department or sheriff's department.           Sec.   366.002.     DISPOSITION OF SURRENDERED FIREARM.   (a)   Except as provided by Subsection (b), a local law enforcement   agency that receives a firearm surrendered through a firearm   buyback program shall ensure that all firearms received through the   firearm buyback program are destroyed.   For purposes of this   section, destruction of a firearm means at a minimum:                 (1)     to completely melt, shred, or crush the firearm   receiver, frame, scope, and all other component parts of the   firearm; or                 (2)     to cut each of the following in at least three   critical locations:                       (A)  the firearm receiver; and                       (B)     any other component part of the firearm that   is similar to or exceeds the size of the receiver.           (b)     Notwithstanding Subsection (a), a local law enforcement   agency may sell to a person a firearm received through a program   described by this section only if the agency:                 (1)     requests that a firearms dealer licensed under 18   U.S.C. Section 923 conduct a national instant criminal background   check of the person in the manner required by 18 U.S.C. Section 922;   and                 (2)     uses the results of the background check to verify   that the person to whom the firearm is being sold may lawfully   possess a firearm.           (c)     On a finding by the Texas Commission on Law Enforcement   that the chief administrator of a local law enforcement agency   intentionally failed to destroy a firearm in accordance with this   section, the commission shall begin disciplinary procedures   against the chief administrator.          SECTION 2.  This Act takes effect September 1, 2025.