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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the provision of temporary secure storage |
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for weapons at certain public buildings; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2165, Government Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC |
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BUILDINGS |
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Sec. 2165.451. APPLICABILITY. (a) This subchapter applies |
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to a building or portion of a building: |
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(1) that is: |
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(A) used by an agency of this state; and |
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(B) generally open to the public; and |
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(2) in which: |
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(A) carrying a firearm, handgun, knife, or other |
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weapon on the premises or part of the premises would violate Chapter |
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46, Penal Code, or other law; or |
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(B) the state agency in control of the building, |
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by sign or otherwise, prohibits firearms, handguns, knives, or |
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other weapons on the premises or part of the premises. |
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(b) This subchapter does not apply to: |
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(1) a penal institution, as that term is defined by |
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Section 1.07, Penal Code; or |
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(2) a public primary or secondary school or |
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institution of higher education. |
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Sec. 2165.452. TEMPORARY SECURE WEAPON STORAGE. (a) A |
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state agency may provide temporary secure weapon storage for a |
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building or portion of a building to which this subchapter applies |
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for persons who enter the building or portion of the building with a |
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weapon prohibited in that building or portion of a building. |
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(b) The temporary secure weapon storage may be provided by: |
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(1) self-service weapon lockers described by Section |
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2165.453; or |
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(2) other temporary secure weapon storage operated at |
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all times by a designated state agency employee under Section |
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2165.454. |
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Sec. 2165.453. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY |
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SECURE STORAGE. (a) A state agency may provide self-service weapon |
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lockers for the temporary secure storage of any weapon prohibited |
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in a building or portion of a building. |
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(b) A self-service weapon locker must allow secure locking |
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by the user and: |
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(1) provide a key for reopening; or |
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(2) reopen by electronic means, such as by a |
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fingerprint scan or entry of a numeric code. |
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(c) A state agency may require a person to submit the |
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person's name, the number of the person's driver's license or other |
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form of identification, and the person's telephone number as a |
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condition for use of a self-service weapon locker. |
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Sec. 2165.454. TEMPORARY SECURE WEAPON STORAGE |
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ADMINISTERED BY AGENCY EMPLOYEE. (a) A state agency may provide |
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temporary secure weapon storage operated by a designated agency |
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employee for a building or portion of a building in which weapons |
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are prohibited. |
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(b) The weapons in temporary secure weapon storage must be |
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held in a safe, locker, or other location that is locked and |
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accessible only to the designated employee. |
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(c) If a person chooses to give to the designated employee |
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the person's weapon for temporary secure storage, the employee |
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shall: |
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(1) securely affix a claim tag to the weapon; |
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(2) provide the person with a claim receipt for |
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reclaiming the weapon; and |
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(3) record the person's name, the number of the |
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person's driver's license or other form of identification, and the |
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person's telephone number. |
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(d) A person may reclaim the person's weapon by showing the |
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designated employee operating the temporary secure weapon storage: |
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(1) the claim receipt given to the person at the time |
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the weapon was placed in temporary secure storage; or |
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(2) the person's driver's license or other form of |
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identification. |
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(e) A state agency that provides temporary secure weapon |
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storage under this section shall ensure that: |
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(1) the temporary secure weapon storage is available |
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and monitored by a designated agency employee at all times that the |
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building or portion of the building is open to the public; and |
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(2) a person who is choosing to place the weapon in |
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storage or retrieving the weapon from storage is not required to |
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wait more than five minutes. |
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Sec. 2165.455. FEES. A state agency under this chapter may |
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collect a fee for the use of a self-service weapon locker or other |
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temporary secure weapon storage. |
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Sec. 2165.456. UNCLAIMED WEAPONS. (a) A weapon that is |
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unclaimed at the end of a business day may be removed from the |
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self-service weapon locker or other temporary secure storage and |
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placed in another secure location. |
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(b) If practicable, the state agency shall notify the person |
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who placed the weapon in a self-service weapon locker or other |
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temporary secure storage that the weapon is in the custody of the |
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state agency and is subject to forfeiture if not reclaimed before |
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the 30th day after the date the weapon was placed in a self-service |
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weapon locker or other temporary secure storage. If the person |
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provided a telephone number when the weapon was placed in a |
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self-service weapon locker or other temporary secure storage, the |
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state agency shall notify the person by using that telephone |
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number. |
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(c) At each location where a weapon may be placed in a |
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self-service weapon locker or other temporary secure storage, the |
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state agency shall post a sign that describes the process for |
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reclaiming a weapon left in a self-service weapon locker or other |
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temporary secure storage for more than one business day. |
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(d) The state agency may require identification or other |
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evidence of ownership before returning the unclaimed weapon. On |
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return of the weapon, the state agency may charge a fee for the |
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extended storage of the weapon. |
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(e) If the weapon is not reclaimed before the 30th day after |
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the date the weapon was placed in a self-service weapon locker or |
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other temporary secure storage, the weapon is forfeited. |
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(f) If the forfeited weapon may not be legally possessed in |
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this state, the state agency shall turn the weapon over to local law |
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enforcement as evidence or for destruction. |
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(g) If a person may legally possess the weapon in this |
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state, the weapon may be sold at public sale by an auctioneer |
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licensed under Chapter 1802, Occupations Code. |
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(h) Only a firearms dealer licensed under 18 U.S.C. Section |
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923 may purchase a firearm at public sale under this section. |
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(i) Proceeds from the sale of a weapon under this section |
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shall be transferred, after the deduction of auction costs, to the |
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general revenue fund. |
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SECTION 2. Subtitle C, Title 11, Local Government Code, is |
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amended by adding Chapter 365 to read as follows: |
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CHAPTER 365. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC |
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BUILDINGS |
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Sec. 365.001. APPLICABILITY. (a) This chapter applies to a |
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building or portion of a building: |
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(1) that is: |
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(A) used by a political subdivision of this |
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state; and |
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(B) generally open to the public; and |
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(2) in which: |
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(A) carrying a firearm, handgun, knife, or other |
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weapon on the premises or part of the premises would violate Chapter |
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46, Penal Code, or other law; or |
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|
(B) the political subdivision in control of the |
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building, by sign or otherwise, prohibits firearms, handguns, |
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knives, or other weapons on the premises or part of the premises. |
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(b) This chapter does not apply to: |
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(1) a penal institution, as that term is defined by |
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Section 1.07, Penal Code; or |
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(2) a public primary or secondary school or |
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institution of higher education. |
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Sec. 365.002. TEMPORARY SECURE WEAPON STORAGE. (a) A |
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political subdivision may provide temporary secure weapon storage |
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for a building or portion of a building to which this chapter |
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applies for persons who enter the building or portion of the |
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building with a weapon prohibited in that building or portion of a |
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building. |
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(b) The temporary secure weapon storage may be provided by: |
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(1) self-service weapon lockers described by Section |
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365.003; or |
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(2) other temporary secure weapon storage operated at |
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all times by a designated employee of the political subdivision |
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under Section 365.004. |
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Sec. 365.003. SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY |
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SECURE STORAGE. (a) A political subdivision may provide |
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self-service weapon lockers for the temporary secure storage of any |
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weapon prohibited in a building or portion of a building. |
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(b) A self-service weapon locker must allow secure locking |
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|
by the user and: |
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(1) provide a key for reopening; or |
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(2) reopen by electronic means, such as by a |
|
|
fingerprint scan or entry of a numeric code. |
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|
(c) A political subdivision may require a person to submit |
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the person's name, the number of the person's driver's license or |
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other form of identification, and the person's telephone number as |
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a condition for use of a self-service weapon locker. |
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Sec. 365.004. TEMPORARY SECURE WEAPON STORAGE ADMINISTERED |
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BY EMPLOYEE OF POLITICAL SUBDIVISION. (a) A political subdivision |
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may provide temporary secure weapon storage operated by a |
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designated employee of the political subdivision for a building or |
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portion of a building in which weapons are prohibited. |
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(b) The weapons in temporary secure weapon storage must be |
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held in a safe, locker, or other location that is locked and |
|
|
accessible only to the designated employee. |
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|
(c) If a person chooses to give to the designated employee |
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the person's weapon for temporary secure storage, the employee |
|
|
shall: |
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(1) securely affix a claim tag to the weapon; |
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(2) provide the person with a claim receipt for |
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|
reclaiming the weapon; and |
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(3) record the person's name, the number of the |
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person's driver's license or other form of identification, and the |
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person's telephone number. |
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(d) A person may reclaim the person's weapon by showing the |
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designated employee operating the temporary secure weapon storage: |
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(1) the claim receipt given to the person at the time |
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the weapon was placed in temporary secure storage; or |
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(2) the person's driver's license or other form of |
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|
identification. |
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(e) A political subdivision that provides temporary secure |
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weapon storage under this section shall ensure that: |
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(1) the temporary secure weapon storage is available |
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and monitored by a designated employee of the political subdivision |
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at all times that the building or portion of the building is open to |
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the public; and |
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(2) a person who is choosing to place the weapon in |
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storage or retrieving the weapon from storage is not required to |
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wait more than five minutes. |
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Sec. 365.005. FEES. A political subdivision under this |
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chapter may collect a fee for the use of a self-service weapon |
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locker or other temporary secure weapon storage. |
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Sec. 365.006. UNCLAIMED WEAPONS. (a) A weapon that is |
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unclaimed at the end of a business day may be removed from the |
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self-service weapon locker or other temporary secure storage and |
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placed in another secure location. |
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(b) If practicable, the political subdivision shall notify |
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the person who placed the weapon in a self-service weapon locker or |
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other temporary secure storage that the weapon is in the custody of |
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the political subdivision and is subject to forfeiture if not |
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reclaimed before the 30th day after the date the weapon was placed |
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in a self-service weapon locker or other temporary secure storage. |
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If the person provided a telephone number when the weapon was placed |
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in a self-service weapon locker or other temporary secure storage, |
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the political subdivision shall notify the person by using that |
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telephone number. |
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(c) At each location where a weapon may be placed in a |
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self-service weapon locker or other temporary secure storage, the |
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political subdivision shall post a sign that describes the process |
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for reclaiming a weapon left in a self-service weapon locker or |
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other temporary secure storage for more than one business day. |
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(d) The political subdivision may require identification or |
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other evidence of ownership before returning the unclaimed weapon. |
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On return of the weapon, the political subdivision may charge a fee |
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for the extended storage of the weapon. |
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(e) If the weapon is not reclaimed before the 30th day after |
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the date the weapon was placed in a self-service weapon locker or |
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other temporary secure storage, the weapon is forfeited. |
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(f) If the forfeited weapon may not be legally possessed in |
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this state, the political subdivision shall turn the weapon over to |
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local law enforcement as evidence or for destruction. |
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(g) If a person may legally possess the weapon in this |
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state, the weapon may be sold at public sale by an auctioneer |
|
|
licensed under Chapter 1802, Occupations Code. |
|
|
(h) Only a firearms dealer licensed under 18 U.S.C. Section |
|
|
923 may purchase a firearm at public sale under this section. |
|
|
(i) Proceeds from the sale of a weapon under this section |
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shall be transferred, after the deduction of auction costs, to the |
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treasury of the political subdivision. |
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SECTION 3. This Act takes effect September 1, 2019. |