By: Miller of Comal (Senate Sponsor - Watson) H.B. No. 2135
         (In the Senate - Received from the House April 20, 2015;
  May 4, 2015, read first time and referred to Committee on Criminal
  Justice; May 21, 2015, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 0;
  May 21, 2015, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2135 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the purchasing of a firearm of an honorably retired or
  deceased peace officer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter D, Chapter 614,
  Government Code, is amended to read as follows:
  SUBCHAPTER D. PURCHASE OF [AGENCY-ISSUED] FIREARM OF HONORABLY
  RETIRED OR DECEASED PEACE OFFICER
         SECTION 2.  Subchapter D, Chapter 614, Government Code, is
  amended by adding Section 614.0505 to read as follows:
         Sec. 614.0505.  DEFINITION. In this subchapter,
  "governmental entity" means a state agency, a county, a
  municipality, or a joint board for which the constituent agencies
  are populous home-rule municipalities.
         SECTION 3.  Section 614.051, Government Code, is amended to
  read as follows:
         Sec. 614.051.  PURCHASE OF FIREARM BY HONORABLY RETIRED
  PEACE OFFICER. (a) An individual may purchase a firearm from a
  governmental entity [state agency] if:
               (1)  the individual was a peace officer commissioned by
  the entity [agency];
               (2)  the individual was honorably retired from the
  individual's commission by the entity [state];
               (3)  the firearm had been previously issued to the
  individual by the entity [agency]; and
               (4)  the firearm is not a prohibited weapon under
  Section 46.05, Penal Code.
         (b)  An individual may purchase only one firearm from a
  governmental entity [state agency] under this section.
         SECTION 4.  Section 614.052(a), Government Code, is amended
  to read as follows:
         (a)  An individual listed under Subsection (b) may purchase a
  firearm from a governmental entity [state agency] if:
               (1)  the firearm had been previously issued by the
  entity [agency] to a peace officer commissioned by the entity
  [agency] who died while commissioned, without regard to whether the
  officer died while discharging the officer's official duties; and
               (2)  the firearm is not a prohibited weapon under
  Section 46.05, Penal Code.
         SECTION 5.  Section 614.053, Government Code, is amended to
  read as follows:
         Sec. 614.053.  PURCHASE PRICE OF FIREARM. A governmental
  entity [state agency] shall establish the amount, which may not
  exceed fair market value, for which a firearm may be purchased under
  this subchapter.
         SECTION 6.  The heading to Section 614.054, Government Code,
  is amended to read as follows:
         Sec. 614.054.  WHEN FIREARM MAY BE PURCHASED [FROM STATE
  AGENCY]; DELAY OF SALE BY GOVERNMENTAL ENTITY [AGENCY].
         SECTION 7.  Section 614.054(b), Government Code, is amended
  to read as follows:
         (b)  A governmental entity [state agency] that cannot
  immediately replace the firearm may delay the sale of the firearm
  until the entity [agency] can replace the firearm.
         SECTION 8.  Section 170.002, Local Government Code, is
  repealed.
         SECTION 9.  This Act takes effect September 1, 2015.
 
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