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A BILL TO BE ENTITLED
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AN ACT
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relating to a firearm buyback program administered by certain local |
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law enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 11, Local Government Code, is |
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amended by adding Chapter 364 to read as follows: |
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CHAPTER 364. LOCAL LAW ENFORCEMENT AGENCY FIREARM BUYBACK PROGRAMS |
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Sec. 364.001. DEFINITION. In this chapter, "local law |
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enforcement agency" means a municipal police department or |
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sheriff's department. |
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Sec. 364.002. FIREARM BUYBACK PROGRAM. A firearm buyback |
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program is a program under which a local law enforcement agency |
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seeks to reduce violence or crime in the community by offering a |
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payment as an incentive for each firearm surrendered to the agency. |
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Sec. 364.003. SURRENDER OF FIREARM. (a) A person may |
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surrender a firearm to any local law enforcement agency in this |
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state. |
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(b) A person who surrenders a firearm under this section is |
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not subject to prosecution for the possession of the firearm. |
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Sec. 364.004. MONETARY INCENTIVES. A local law enforcement |
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agency shall pay $100 to the surrendering person for each firearm |
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surrendered under this chapter. |
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Sec. 364.005. RETENTION AND RETURN OF FIREARM. (a) A local |
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law enforcement agency that receives a firearm surrendered under |
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this chapter may not dispose of the firearm under Section 364.006 |
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before the 30th day after the date the firearm is surrendered. |
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(b) The local law enforcement agency shall return the |
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firearm to the owner of the firearm if the owner: |
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(1) shows documentation that the owner lawfully owns |
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the firearm; |
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(2) attests that the owner did not authorize the |
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surrender of the firearm; and |
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(3) remits to the agency reimbursement for the $100 |
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paid to the person who surrendered the firearm. |
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Sec. 364.006. DISPOSITION OF SURRENDERED FIREARMS. (a) A |
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local law enforcement agency may retain a surrendered firearm as |
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evidence of an offense other than possession of a firearm. |
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(b) If a firearm is surrendered under this chapter and not |
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retained as evidence, the local law enforcement agency shall |
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destroy the firearm. |
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Sec. 364.007. REIMBURSEMENT BY COMPTROLLER. (a) A local |
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law enforcement agency may monthly submit to the comptroller of |
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public accounts an invoice for amounts paid for firearms |
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surrendered under the firearm buyback program on a form adopted by |
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the comptroller. |
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(b) Not later than the fifth working day after the date the |
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comptroller receives the invoice, the comptroller shall reimburse |
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the local law enforcement agency. |
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SECTION 2. This Act takes effect September 1, 2017. |