Bill Text: TX HB2135 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the purchasing of a firearm of an honorably retired or deceased peace officer.

Sponsorship: Bipartisan Bill

Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB2135 Detail]

Download: Texas-2015-HB2135-Enrolled.html

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H.B. No. 2135

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