Bill Text: TX HB29 | 2021-2022 | 87th Legislature | Enrolled

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

Sponsorship: Partisan Bill (Republican 12)

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB29 Detail]

Download: Texas-2021-HB29-Enrolled.html

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H.B. No. 29

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 handgun or other firearm,
location-restricted knife, club, 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 handguns or other firearms,
location-restricted knives, clubs, 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
Section 1.07, Penal Code; 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 the 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 designated state agency 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 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.
(d) A person placing a weapon in a self-service weapon
locker may designate an alternate person to whom the weapon may be
released if the person is not able to reclaim the person's weapon
before the 30th day after the date the weapon was placed in the
locker.
Sec. 2165.454. TEMPORARY SECURE WEAPON STORAGE
ADMINISTERED BY AGENCY EMPLOYEE. (a) A state agency may provide
temporary secure weapon storage operated by a designated agency
employee for a building or portion of a building in which weapons
are prohibited.
(b) The weapons in temporary secure weapon storage must be
held in a safe, locker, or other location that is locked and
accessible only to the designated employee.
(c) If a person chooses to give to the designated 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;
(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; and
(4) if designated by the person placing the weapon in
temporary secure weapon storage, record the name of an alternate
person to whom the weapon may be released if the person is not able
to reclaim the person's weapon before the 30th day after the date
the weapon was placed in storage.
(d) A person may reclaim the person's weapon by showing the
designated 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 designated agency employee at all times that the
building or portion of the building is open to the public; and
(2) a person who is choosing to place the weapon in
storage or retrieving the weapon from storage is not required to
wait more than a reasonable period.
Sec. 2165.455. FEES. A state agency under this subchapter
may collect a fee of not more than $5 for the 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 of not more
than $10 per day and not to exceed a total of $150 for the extended
storage of 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:
(1) the forfeited weapon may be sold at public sale by
an auctioneer licensed under Chapter 1802, Occupations Code; or
(2) the law enforcement agency holding the weapon may
release the weapon to another person if:
(A) the person:
(i) claims a right to or interest in the
weapon and provides an affidavit confirming that the person wholly
or partly owns the weapon or otherwise has a right to or interest in
the weapon; or
(ii) is an alternate person designated by
the person under Section 2165.453(d) or 2165.454(c)(4); and
(B) for a weapon that is a firearm, the law
enforcement agency conducts a check of state and national criminal
history record information and verifies that the person may
lawfully possess a firearm under 18 U.S.C. Section 922(g).
(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 handgun or other firearm,
location-restricted knife, club, 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 handguns or other
firearms, location-restricted knives, clubs, 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
Section 1.07, Penal Code; 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 the
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 designated employee of the political subdivision
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 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.
(d) A person placing a weapon in a self-service weapon
locker may designate an alternate person to whom the weapon may be
released if the person is not able to reclaim the person's weapon
before the 30th day after the date the weapon was placed in the
locker.
Sec. 365.004. TEMPORARY SECURE WEAPON STORAGE ADMINISTERED
BY EMPLOYEE OF POLITICAL SUBDIVISION. (a) A political subdivision
may provide temporary secure weapon storage operated by a
designated employee of the political subdivision for a building or
portion of a building in which weapons are prohibited.
(b) The weapons in temporary secure weapon storage must be
held in a safe, locker, or other location that is locked and
accessible only to the designated employee.
(c) If a person chooses to give to the designated 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;
(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; and
(4) if designated by the person placing the weapon in
temporary secure weapon storage, record the name of an alternate
person to whom the weapon may be released if the person is not able
to reclaim the person's weapon before the 30th day after the date
the weapon was placed in storage.
(d) A person may reclaim the person's weapon by showing the
designated 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 designated employee of the political subdivision
at all times that the building or portion of the building is open to
the public; and
(2) a person who is choosing to place the weapon in
storage or retrieving the weapon from storage is not required to
wait more than a reasonable period.
Sec. 365.005. FEES. A political subdivision under this
chapter may collect a fee of not more than $5 for the 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
of not more than $10 per day and not to exceed a total of $150 for
the extended storage of 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:
(1) the forfeited weapon may be sold at public sale by
an auctioneer licensed under Chapter 1802, Occupations Code; or
(2) the law enforcement agency holding the weapon may
release the weapon to another person if:
(A) the person:
(i) claims a right to or interest in the
weapon and provides an affidavit confirming that the person wholly
or partly owns the weapon or otherwise has a right to or interest in
the weapon; or
(ii) is an alternate person designated by
the person under Section 365.003(d) or 365.004(c)(4); and
(B) for a weapon that is a firearm, the law
enforcement agency conducts a check of state and national criminal
history record information and verifies that the person may
lawfully possess a firearm under 18 U.S.C. Section 922(g).
(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 September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 29 was passed by the House on April
16, 2021, by the following vote: Yeas 109, Nays 36, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 29 on May 28, 2021, by the following vote: Yeas 102, Nays 45, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 29 was passed by the Senate, with
amendments, on May 20, 2021, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor