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 | |
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| 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. | ||
