87R3217 TSS-F
 
  By: Moody H.B. No. 1253
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of county task forces for the disposition
  of a firearm a person is prohibited from possessing under certain
  court orders related to family violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 236, Local Government Code, is amended
  by adding Section 236.004 to read as follows:
         Sec. 236.004.  COUNTY TASK FORCES RELATING TO DISPOSITION OF
  FIREARMS PROHIBITED UNDER COURT ORDER RELATED TO FAMILY VIOLENCE.
  (a) In this section:
               (1)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
               (2)  "Family violence center" means a public or private
  nonprofit organization that provides, as its primary purpose,
  services, including the services under Section 51.005(b)(3), Human
  Resources Code, to victims of family violence, as defined by
  Section 51.002, Human Resources Code.
               (3)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code. 
               (4)  "Task force" means a task force created by a county
  under this section for the surrender, transfer, or other
  disposition of a firearm a person is prohibited from possessing
  under a court order related to family violence and for the return or
  other disposition of a surrendered firearm.
         (b)  Each county commissioners court shall establish a task
  force under this section that must include the following members if
  applicable for the county:
               (1)  the chief administrative officer of a family
  violence center or the chief administrator's designee;
               (2)  the chief of police of the municipality having the
  largest population in the county or the chief's designee;
               (3)  the sheriff of the county or the sheriff's
  designee; 
               (4)  a judge of a court in the county with jurisdiction
  over cases involving family violence; and
               (5)  a prosecutor with jurisdiction in the county over
  cases involving family violence. 
         (c)  The county commissioners court shall call the first
  meeting of the task force at which the members shall elect a
  presiding officer. All subsequent meetings shall be held at the
  call of the presiding officer.
         (d)  The presiding officer may appoint additional members to
  the task force if necessary for the task force to complete its
  duties under Subsection (g).
         (e)  The task force may consult with individuals or
  organizations having knowledge and experience in the issues of
  firearms and family violence.
         (f)  A vacancy for a member of the task force shall be filled
  immediately and in the same manner as the original appointment.
         (g)  The task force shall develop policy recommendations,
  model forms, and guidelines for best practices related to:
               (1)  the surrender, transfer, or other disposition of a
  firearm a person is prohibited from possessing under an order
  issued as a result of or to prevent family violence, including:
                     (A)  a protective order issued under Title 4,
  Family Code, or Chapter 7B, Code of Criminal Procedure;
                     (B)  a magistrate's order of emergency protection
  issued under Article 17.292, Code of Criminal Procedure;
                     (C)  an order setting the conditions of bond for a
  defendant charged with an offense involving family violence under
  Article 17.49, Code of Criminal Procedure; and
                     (D)  an order granting community supervision to a
  defendant convicted of an offense involving family violence, as
  described by Article 42A.504, Code of Criminal Procedure; and
               (2)  the receipt, storage, and return or other
  disposition of a firearm surrendered under Subdivision (1).
         (h)  In developing the recommendations, forms, and
  guidelines required under this section, the task force shall:
               (1)  consult with a family violence advocacy
  organization that provides services throughout the state; 
               (2)  prioritize the safety of victims of family
  violence, including victims of dating violence and victims of
  emotional harm or abuse, and law enforcement personnel;
               (3)  ensure due process is provided;
               (4)  provide specific guidance on:
                     (A)  policies and procedures for the surrender,
  transfer, or other disposition of a firearm by a person subject to
  an order described by Subsection (g)(1);
                     (B)  policies and procedures for the receipt and
  disposition of a transferred firearm by a firearms dealer licensed
  under 18 U.S.C. Section 923 or a person not prohibited from
  possessing a firearm by state or federal law;
                     (C)  policies and procedures for the receipt and
  storage of a surrendered firearm by a law enforcement agency or
  other governmental entity and standards of care regarding the
  storage of the surrendered firearm;
                     (D)  policies and procedures for the return or
  other disposition of a surrendered firearm by the law enforcement
  agency or other governmental entity storing the firearm after the
  order described by Subsection (g)(1) expires or is rescinded; and
                     (E)  policies and procedures for compensating the
  owner of a surrendered firearm that is damaged or destroyed while in
  the possession of a law enforcement agency or other governmental
  entity or while in the possession of an entity operating under a
  contract with a governmental entity for the purpose of storing
  surrendered firearms;
               (5)  require verification that a person described by
  Subdivision (4)(A) has surrendered, transferred, or otherwise
  disposed of all firearms in the person's possession; and
               (6)  provide for an enforcement option if a
  verification is not made within 48 hours of the issuance of an order
  described by Subsection (g)(1).
         (i)  The task force shall make available all
  recommendations, forms, and guidelines developed under this
  section to all judges with jurisdiction over cases involving family
  violence in the county and all law enforcement agencies with
  jurisdiction in the county.
         (j)  The task force shall meet not later than the 90th day
  following the end of each regular legislative session to review and
  amend any recommendations, forms, or guidelines developed under
  this section.
         (k)  Not later than December 1 of each odd-numbered year, the
  task force shall provide the county commissioners court a report
  including:
               (1)  a list of task force members;
               (2)  a summary of all recommendations, forms, and
  guidelines developed under this section;
               (3)  a description of practices and procedures in the
  courts and law enforcement agencies within the county in regard to:
                     (A)  the surrender, transfer, or other
  disposition of a firearm a person is prohibited from possessing
  under an order issued as a result of or to prevent family violence;
  and
                     (B)  the receipt, storage, and return or other
  disposition of a surrendered firearm; and
               (4)  a description of potential sources of funding
  available to implement recommendations. 
         (l)  The commissioners courts of multiple counties may agree
  to form a regional task force under this section to serve the needs
  of all counties in the agreement.
         SECTION 2.  Notwithstanding the requirement in Section
  236.004, Local Government Code, as added by this Act, that a report
  be submitted by December 1 of each odd-numbered year, a task force
  created under that section shall submit its first report to the
  county commissioners court not later than June 1, 2022.
         SECTION 3.  This Act takes effect September 1, 2021.