By: Fletcher	H.B. No. 3673

	A BILL TO BE ENTITLED
	AN ACT
	relating to the disposition of certain firearms seized by a law
	enforcement agency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 573.001, Health and Safety Code, is
	amended by adding Subsection (g) to read as follows:
	(g)  A peace officer who takes a person into custody under
	Subsection (a) may immediately seize any firearm found in
	possession of the person.  After seizing a firearm under this
	subsection, the peace officer shall comply with the requirements of
	Article 18.191, Code of Criminal Procedure.
	(h)  Absent exigent circumstances or if a warrant is
	otherwise not required as a matter of law, a peace officer must
	obtain a warrant before conducting a search or seizure for any
	firearms not found on or in the immediate control of the person
	being detained.
	SECTION 2.  Chapter 18, Code of Criminal Procedure, is
	amended by adding Article 18.191 to read as follows:
	Art. 18.191.  DISPOSITION OF FIREARM SEIZED FROM CERTAIN
	PERSONS WITH MENTAL ILLNESS. (a)  A law enforcement officer who
	seizes a firearm from a person taken into custody under Section
	573.001, Health and Safety Code, and not in connection with an
	offense involving the use of a weapon or an offense under Chapter
	46, Penal Code, shall immediately upon arrival at the appropriate
	facility in accordance with Section 573.001, Health and Safety
	Code, provide the person a written copy of the receipt for the
	firearm and a written notice of the procedure for the return of a
	firearm under this article.
	(b)  The law enforcement agency holding a firearm subject to
	disposition under this article shall, as soon as possible, but not
	later than the 15th day after the date the person is taken into
	custody under Section 573.001, Health and Safety Code, provide
	written notice of the procedure for the return of a firearm under
	this article to the last known address of the person detained or the
	person's closest immediate family member as identified and
	requested by the person detained or reasonably identifiable by the
	law enforcement agency, sent by certified mail, return receipt
	requested.  The law enforcement agency shall deliver a copy of the
	written notice along with an inventory of each firearm seized to a
	magistrate in that county having jurisdiction to order commitment
	under Chapter 574, Health and Safety Code.  The written notice must
	state the date by which a request for the return of the firearm must
	be submitted to the magistrate as provided by Subsection (h).
	(c)  Not later than the 30th day after the date a firearm
	subject to disposition under this article is seized, the law
	enforcement agency holding the firearm shall contact the court in
	the county having jurisdiction to order commitment under Chapter
	574, Health and Safety Code, and request the disposition of the
	case.  Not later than the 30th day after the date of this request,
	the clerk of the court shall advise the requesting agency whether
	the person taken into custody was released under Section 573.023,
	Health and Safety Code, or was ordered to receive inpatient mental
	health services under Section 574.034 or 574.035, Health and Safety
	Code.
	(d)  Not later than the 30th day after the date the clerk of
	the court informs a law enforcement agency holding a firearm
	subject to disposition under this article that the person taken
	into custody was released under Section 573.023, Health and Safety
	Code, the law enforcement agency shall:
	(1)  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
	(2)  provide written notice to the person by certified
	mail that the firearm may be returned to the person on verification
	under Subdivision (1) that the person may lawfully possess the
	firearm.
	(e)  Not later than the 30th day after the date the clerk of
	the court informs a law enforcement agency holding a firearm
	subject to disposition under this article that the person taken
	into custody was ordered to receive inpatient mental health
	services under Section 574.034 or 574.035, Health and Safety Code,
	the law enforcement agency shall provide written notice to the
	person by certified mail that the person:
	(1)  is prohibited from owning, possessing, or
	purchasing a firearm under 18 U.S.C. Section 922(g)(4);
	(2)  may petition the court that entered the commitment
	order for relief from the firearms disability under Section
	574.088, Health and Safety Code; and
	(3)  may dispose of the firearm in the manner provided
	by Subsection (f).
	(f)  A person who receives notice under Subsection (e) may
	dispose of the person's firearm by:
	(1)  releasing the firearm to the person's designee,
	if:
	(A)  the law enforcement agency holding the
	firearm conducts a check of state and national criminal history
	record information and verifies that the designee may lawfully
	possess a firearm under 18 U.S.C. Section 922(g);
	(B)  the person provides to the law enforcement
	agency a copy of a notarized statement releasing the firearm to the
	designee; and
	(C)  the designee provides to the law enforcement
	agency an affidavit confirming that the designee:
	(i)  will not allow access to the firearm by
	the person who was taken into custody under Section 573.001, Health
	and Safety Code, at any time during which the person may not
	lawfully possess a firearm under 18 U.S.C. Section 922(g); and
	(ii)  acknowledges the responsibility of the
	designee and no other person to verify whether the person has
	reestablished the person's eligibility to lawfully possess a
	firearm under 18 U.S.C. Section 922(g); or
	(2)  releasing the firearm to the law enforcement
	agency holding the firearm, for disposition under Subsection (h).
	(g)  If a firearm subject to disposition under this article
	is wholly or partly owned by a person other than the person taken
	into custody under Section 573.001, Health and Safety Code, the law
	enforcement agency holding the firearm shall release the firearm to
	the person claiming a right to or interest in the firearm after:
	(1)  the person provides an affidavit confirming that
	the person:
	(A)  wholly or partly owns the firearm;
	(B)  will not allow access to the firearm by the
	person who was taken into custody under Section 573.001, Health and
	Safety Code, at any time during which that person may not lawfully
	possess a firearm under 18 U.S.C. Section 922(g); and
	(C)  acknowledges the responsibility of the
	person and no other person to verify whether the person who was
	taken into custody under Section 573.001, Health and Safety Code,
	has reestablished the person's eligibility to lawfully possess a
	firearm under 18 U.S.C. Section 922(g); and
	(2)  the law enforcement agency holding the firearm
	conducts a check of state and national criminal history record
	information and verifies that the person claiming a right to or
	interest in the firearm may lawfully possess a firearm under 18
	U.S.C. Section 922(g).
	(h)  If a person to whom written notice is provided under
	Subsection (b) or another lawful owner of a firearm subject to
	disposition under this article does not submit a written request to
	the magistrate for the return of the firearm before the 121st day
	after the date the law enforcement agency holding the firearm
	provides written notice under Subsection (b), the law enforcement
	agency shall request the magistrate to order the sale of the firearm
	under this subsection.  After notice and a hearing, the magistrate
	may order the sale of the firearm by a person who is a licensed
	firearms dealer under 18 U.S.C. Section 923 and who is selected by
	the law enforcement agency holding the firearm.  The proceeds from
	the sale of a firearm under this subsection shall be given to the
	owner of the seized firearm, less the cost of administering this
	subsection.  An unclaimed firearm that was seized from a person
	taken into custody under Section 573.001, Health and Safety Code,
	may not be destroyed or forfeited to the state.
	SECTION 3.  The change in law made by this Act applies only
	to the disposition of a firearm that is seized by a law enforcement
	agency on or after the effective date of this Act. The disposition
	of a firearm that was seized by a law enforcement agency before the
	effective date of this Act is covered by the law in effect when the
	firearm was seized, and the former law is continued in effect for
	that purpose.
	SECTION 4.  This Act takes effect September 1, 2013.