Bill Text: TX HB29 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to authorizing the provision of temporary secure storage for weapons at certain public buildings; authorizing fees.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB29 Detail]
Download: Texas-2021-HB29-Enrolled.html
H.B. No. 29 |
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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 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 |