| |
| |
| |
|
|
AN ACT
|
|
|
relating to the purchasing of a firearm of an honorably retired or |
|
|
deceased peace officer. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Subchapter D, Chapter 614, |
|
|
Government Code, is amended to read as follows: |
|
|
SUBCHAPTER D. PURCHASE OF [AGENCY-ISSUED] FIREARM OF HONORABLY |
|
|
RETIRED OR DECEASED PEACE OFFICER |
|
|
SECTION 2. Subchapter D, Chapter 614, Government Code, is |
|
|
amended by adding Section 614.0505 to read as follows: |
|
|
Sec. 614.0505. DEFINITION. In this subchapter, |
|
|
"governmental entity" means a state agency, a county, a |
|
|
municipality, or a joint board for which the constituent agencies |
|
|
are populous home-rule municipalities. |
|
|
SECTION 3. Section 614.051, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 614.051. PURCHASE OF FIREARM BY HONORABLY RETIRED |
|
|
PEACE OFFICER. (a) An individual may purchase a firearm from a |
|
|
governmental entity [state agency] if: |
|
|
(1) the individual was a peace officer commissioned by |
|
|
the entity [agency]; |
|
|
(2) the individual was honorably retired from the |
|
|
individual's commission by the entity [state]; |
|
|
(3) the firearm had been previously issued to the |
|
|
individual by the entity [agency]; and |
|
|
(4) the firearm is not a prohibited weapon under |
|
|
Section 46.05, Penal Code. |
|
|
(b) An individual may purchase only one firearm from a |
|
|
governmental entity [state agency] under this section. |
|
|
SECTION 4. Section 614.052(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) An individual listed under Subsection (b) may purchase a |
|
|
firearm from a governmental entity [state agency] if: |
|
|
(1) the firearm had been previously issued by the |
|
|
entity [agency] to a peace officer commissioned by the entity |
|
|
[agency] who died while commissioned, without regard to whether the |
|
|
officer died while discharging the officer's official duties; and |
|
|
(2) the firearm is not a prohibited weapon under |
|
|
Section 46.05, Penal Code. |
|
|
SECTION 5. Section 614.053, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 614.053. PURCHASE PRICE OF FIREARM. A governmental |
|
|
entity [state agency] shall establish the amount, which may not |
|
|
exceed fair market value, for which a firearm may be purchased under |
|
|
this subchapter. |
|
|
SECTION 6. The heading to Section 614.054, Government Code, |
|
|
is amended to read as follows: |
|
|
Sec. 614.054. WHEN FIREARM MAY BE PURCHASED [FROM STATE
|
|
|
AGENCY]; DELAY OF SALE BY GOVERNMENTAL ENTITY [AGENCY]. |
|
|
SECTION 7. Section 614.054(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) A governmental entity [state agency] that cannot |
|
|
immediately replace the firearm may delay the sale of the firearm |
|
|
until the entity [agency] can replace the firearm. |
|
|
SECTION 8. Section 170.002, Local Government Code, is |
|
|
repealed. |
|
|
SECTION 9. This Act takes effect September 1, 2015. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2135 was passed by the House on April |
|
|
16, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 2135 on May 23, 2015, by the following vote: Yeas 134, Nays 0, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2135 was passed by the Senate, with |
|
|
amendments, on May 22, 2015, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |