Bill Text: TX HB336 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to authorizing the provision of temporary secure storage for weapons at certain public buildings; authorizing fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-07-28 - Referred to Homeland Security & Public Safety [HB336 Detail]

Download: Texas-2017-HB336-Introduced.html
  85S10748 JSC-D
 
  By: Swanson H.B. No. 336
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing the provision of temporary secure storage
  for weapons at certain public buildings; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2165, Government Code, is amended by
  adding Subchapter J to read as follows:
  SUBCHAPTER J. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC
  BUILDINGS
         Sec. 2165.451.  APPLICABILITY. (a)  This subchapter applies
  to a building or portion of a building:
               (1)  that is:
                     (A)  used by an agency of this state; and
                     (B)  generally open to the public; and
               (2)  in which:
                     (A)  carrying a firearm, handgun, knife, or other
  weapon on the premises or part of the premises would violate Chapter
  46, Penal Code, or other law; or
                     (B)  the state agency in control of the building,
  by sign or otherwise, prohibits firearms, handguns, knives, or
  other weapons on the premises or part of the premises.
         (b)  This subchapter does not apply to:
               (1)  a penal institution, as that term is defined by
  Article 62.001, Code of Criminal Procedure; or
               (2)  a public primary or secondary school or
  institution of higher education.
         Sec. 2165.452.  TEMPORARY SECURE WEAPON STORAGE. (a)  A
  state agency may provide temporary secure weapon storage for a
  building or portion of a building to which this subchapter applies
  for persons who enter the building or portion of the building with a
  weapon prohibited in that building or portion of a building.
         (b)  The temporary secure weapon storage may be provided by:
               (1)  self-service weapon lockers described by Section
  2165.453; or
               (2)  other temporary secure weapon storage operated at
  all times by a public employee under Section 2165.454.
         Sec. 2165.453.  SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY
  SECURE STORAGE.  (a)  A state agency may provide self-service weapon
  lockers for the temporary secure storage of any weapon prohibited
  in a building or portion of a building.
         (b)  A self-service weapon locker must allow secure locking
  by the user and:
               (1)  provide a key for reopening; or
               (2)  reopen by other electronic means, such as by a
  fingerprint scan or entry of a numeric code.
         (c)  A state agency may require a person to submit the
  person's name, the number of the person's driver's license or other
  form of identification, and the person's telephone number as a
  condition for use of a self-service weapon locker.
         Sec. 2165.454.  TEMPORARY SECURE WEAPON STORAGE
  ADMINISTERED BY PUBLIC EMPLOYEE. (a)  A state agency may provide
  temporary secure weapon storage operated by a public employee for a
  building or portion of a building in which weapons are prohibited.
         (b)  The weapons in temporary secure weapon storage must be
  placed in a safe, locker, or other location that is locked and
  accessible only to an employee of the state agency.
         (c)  If a person gives to the public employee the person's
  weapon for temporary secure storage, the employee shall:
               (1)  securely affix a claim tag to the weapon;
               (2)  provide the person with a claim receipt for
  reclaiming the weapon; and
               (3)  record the person's name, the number of the
  person's driver's license or other form of identification, and the
  person's telephone number.
         (d)  A person may reclaim the person's weapon by showing the
  employee operating the temporary secure weapon storage:
               (1)  the claim receipt given to the person at the time
  the weapon was placed in temporary secure storage; or
               (2)  the person's driver's license or other form of
  identification.
         (e)  A state agency that provides temporary secure weapon
  storage under this section shall ensure that:
               (1)  the temporary secure weapon storage is available
  and monitored by a public employee at all times that the building or
  portion of the building is open to the public; and
               (2)  a person who is placing the weapon in storage or
  retrieving the weapon from storage is not required to wait more than
  five minutes.
         Sec. 2165.455.  FEES. A state agency under this chapter may
  collect a fee for each use or day of use of a self-service weapon
  locker or other temporary secure weapon storage.
         Sec. 2165.456.  UNCLAIMED WEAPONS. (a)  A weapon that is
  unclaimed at the end of a business day may be removed from the
  self-service weapon locker or other temporary secure storage and
  placed in another secure location.
         (b)  If practicable, the state agency shall notify the person
  who placed the weapon in a self-service weapon locker or other
  temporary secure storage that the weapon is in the custody of the
  state agency and is subject to forfeiture if not reclaimed before
  the 30th day after the date the weapon was placed in a self-service
  weapon locker or other temporary secure storage. If the person
  provided a telephone number when the weapon was placed in a
  self-service weapon locker or other temporary secure storage, the
  state agency shall notify the person by using that telephone
  number.
         (c)  At each location where a weapon may be placed in a
  self-service weapon locker or other temporary secure storage, the
  state agency shall post a sign that describes the process for
  reclaiming a weapon left in a self-service weapon locker or other
  temporary secure storage for more than one business day.
         (d)  The state agency may require identification or other
  evidence of ownership before returning the unclaimed weapon. On
  return of the weapon, the state agency may charge a fee for each day
  that the state agency stored the weapon.
         (e)  If the weapon is not reclaimed before the 30th day after
  the date the weapon was placed in a self-service weapon locker or
  other temporary secure storage, the weapon is forfeited.
         (f)  If the forfeited weapon may not be legally possessed in
  this state, the state agency shall turn the weapon over to local law
  enforcement as evidence or for destruction.
         (g)  If a person may legally possess the weapon in this
  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
  shall be transferred, after the deduction of auction costs, to the
  general revenue fund.
         SECTION 2.  Subtitle C, Title 11, Local Government Code, is
  amended by adding Chapter 365 to read as follows:
  CHAPTER 365. TEMPORARY SECURE WEAPON STORAGE FOR CERTAIN PUBLIC
  BUILDINGS
         Sec. 365.001.  APPLICABILITY. (a)  This chapter applies to a
  building or portion of a building:
               (1)  that is:
                     (A)  used by a political subdivision of this
  state; and
                     (B)  generally open to the public; and
               (2)  in which:
                     (A)  carrying a firearm, handgun, knife, or other
  weapon on the premises or part of the premises would violate Chapter
  46, Penal Code, or other law; or
                     (B)  the political subdivision in control of the
  building, by sign or otherwise, prohibits firearms, handguns,
  knives, or other weapons on the premises or part of the premises.
         (b)  This chapter does not apply to:
               (1)  a penal institution, as that term is defined by
  Article 62.001, Code of Criminal Procedure; or
               (2)  a public primary or secondary school or
  institution of higher education.
         Sec. 365.002.  TEMPORARY SECURE WEAPON STORAGE. (a)  A
  political subdivision may provide temporary secure weapon storage
  for a building or portion of a building to which this chapter
  applies for persons who enter the building or portion of the
  building with a weapon prohibited in that building or portion of a
  building.
         (b)  The temporary secure weapon storage may be provided by:
               (1)  self-service weapon lockers described by Section
  365.003; or
               (2)  other temporary secure weapon storage operated at
  all times by a public employee under Section 365.004.
         Sec. 365.003.  SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY
  SECURE STORAGE.  (a)  A political subdivision may provide
  self-service weapon lockers for the temporary secure storage of any
  weapon prohibited in a building or portion of a building.
         (b)  A self-service weapon locker must allow secure locking
  by the user and:
               (1)  provide a key for reopening; or
               (2)  reopen by other electronic means, such as by a
  fingerprint scan or entry of a numeric code.
         (c)  A political subdivision may require a person to submit
  the person's name, the number of the person's driver's license or
  other form of identification, and the person's telephone number as
  a condition for use of a self-service weapon locker.
         Sec. 365.004.  TEMPORARY SECURE WEAPON STORAGE ADMINISTERED
  BY PUBLIC EMPLOYEE. (a)  A political subdivision may provide
  temporary secure weapon storage operated by a public employee for a
  building or portion of a building in which weapons are prohibited.
         (b)  The weapons in temporary secure weapon storage must be
  placed in a safe, locker, or other location that is locked and
  accessible only to an employee of the political subdivision.
         (c)  If a person gives to the public employee the person's
  weapon for temporary secure storage, the employee shall:
               (1)  securely affix a claim tag to the weapon;
               (2)  provide the person with a claim receipt for
  reclaiming the weapon; and
               (3)  record the person's name, the number of the
  person's driver's license or other form of identification, and the
  person's telephone number.
         (d)  A person may reclaim the person's weapon by showing the
  employee operating the temporary secure weapon storage:
               (1)  the claim receipt given to the person at the time
  the weapon was placed in temporary secure storage; or
               (2)  the person's driver's license or other form of
  identification.
         (e)  A political subdivision that provides temporary secure
  weapon storage under this section shall ensure that:
               (1)  the temporary secure weapon storage is available
  and monitored by a public employee at all times that the building or
  portion of the building is open to the public; and
               (2)  a person who is placing the weapon in storage or
  retrieving the weapon from storage is not required to wait more than
  five minutes.
         Sec. 365.005.  FEES. A political subdivision under this
  chapter may collect a fee for each use or day of use of a
  self-service weapon locker or other temporary secure weapon
  storage.
         Sec. 365.006.  UNCLAIMED WEAPONS. (a)  A weapon that is
  unclaimed at the end of a business day may be removed from the
  self-service weapon locker or other temporary secure storage and
  placed in another secure location.
         (b)  If practicable, the political subdivision shall notify
  the person who placed the weapon in a self-service weapon locker or
  other temporary secure storage that the weapon is in the custody of
  the political subdivision and is subject to forfeiture if not
  reclaimed before the 30th day after the date the weapon was placed
  in a self-service weapon locker or other temporary secure storage.
  If the person provided a telephone number when the weapon was placed
  in a self-service weapon locker or other temporary secure storage,
  the political subdivision shall notify the person by using that
  telephone number.
         (c)  At each location where a weapon may be placed in a
  self-service weapon locker or other temporary secure storage, the
  political subdivision shall post a sign that describes the process
  for reclaiming a weapon left in a self-service weapon locker or
  other temporary secure storage for more than one business day.
         (d)  The political subdivision may require identification or
  other evidence of ownership before returning the unclaimed weapon.
  On return of the weapon, the political subdivision may charge a fee
  for each day that the political subdivision stored the weapon.
         (e)  If the weapon is not reclaimed before the 30th day after
  the date the weapon was placed in a self-service weapon locker or
  other temporary secure storage, the weapon is forfeited.
         (f)  If the forfeited weapon may not be legally possessed in
  this state, the political subdivision shall turn the weapon over to
  local law enforcement as evidence or for destruction.
         (g)  If a person may legally possess the weapon in this
  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
  shall be transferred, after the deduction of auction costs, to the
  treasury of the political subdivision.
         SECTION 3.  This Act takes effect December 1, 2017.
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