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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of lost or stolen firearms and to proof of |
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loss for personal property insurance coverage for those firearms; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2002, Insurance Code, is |
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amended by adding Section 2002.007 to read as follows: |
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Sec. 2002.007. PROOF OF LOSS FOR FIREARM COVERAGE. (a) In |
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this section, "personal property insurance" means insurance |
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against damage to or loss of tangible personal property, including |
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coverage provided in a homeowners insurance policy, residential |
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fire and allied lines insurance policy, or farm and ranch owners |
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insurance policy. |
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(b) This section applies to each insurer that provides |
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personal property insurance in this state, including a county |
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mutual insurance company, farm mutual insurance company, Lloyd's |
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plan, and reciprocal or interinsurance exchange. |
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(c) A personal property insurance policy that includes |
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firearm coverage must provide that a report of the loss or theft of |
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a covered firearm submitted to a peace officer or law enforcement |
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agency on or before the 10th day after the date the policyholder |
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became aware the firearm was lost or stolen is sufficient proof of |
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loss for the firearm. |
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SECTION 2. Chapter 46, Penal Code, is amended by adding |
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Section 46.135 to read as follows: |
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Sec. 46.135. FAILURE TO REPORT LOST OR STOLEN FIREARM. (a) |
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A person commits an offense if the person: |
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(1) owns a firearm that is subsequently lost by or |
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stolen from the person; and |
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(2) fails to report the loss or theft, or cause a |
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report of the loss or theft to be made, to a peace officer or law |
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enforcement agency on or before the 10th day after the date the |
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person became aware the firearm was lost or stolen. |
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(b) An offense under this section is a Class C misdemeanor. |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or under both |
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sections. |
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SECTION 3. Section 2002.007, Insurance Code, as added by |
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this Act, applies only to an insurance policy delivered, issued for |
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delivery, or renewed on or after January 1, 2022. |
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SECTION 4. This Act takes effect September 1, 2021. |