Bill Text: TX HB3007 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to temporary secure storage of weapons at public buildings; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-27 - Referred to Homeland Security & Public Safety [HB3007 Detail]
Download: Texas-2017-HB3007-Introduced.html
85R11673 JSC-D | ||
By: Swanson | H.B. No. 3007 |
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relating to temporary secure storage of weapons at public | ||
buildings; authorizing a fee. | ||
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. This subchapter applies to a | ||
building or portion of a building used by an agency of this state | ||
that is generally open to the public and in which: | ||
(1) carrying a firearm, handgun, knife, or other | ||
weapon on the premises or part of the premises would violate Chapter | ||
46, Penal Code, or other law; or | ||
(2) the state agency in control of the building, by | ||
sign or otherwise, prohibits firearms, handguns, knives, or other | ||
weapons on the premises or part of the premises. | ||
Sec. 2165.452. TEMPORARY SECURE WEAPON STORAGE REQUIRED. | ||
(a) A state agency must provide temporary secure weapon storage for | ||
each 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 a building. | ||
(b) The temporary secure weapon storage must be provided | ||
directly outside or immediately inside the entrance to the building | ||
or portion of the building in which weapons are prohibited. | ||
(c) A state agency may satisfy the requirements of this | ||
chapter by providing for the building or portion of the building: | ||
(1) the self-service weapon lockers described by | ||
Section 2165.453; or | ||
(2) other temporary secure weapon storage operated at | ||
all times by a public 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) Each self-service weapon locker must be large enough to | ||
accommodate a handgun or knife. A state agency may, but is not | ||
required to, provide self-service weapon lockers appropriate for | ||
the storage of a rifle or other long gun. | ||
(c) A self-service weapon locker must allow secure locking | ||
by the user and: | ||
(1) provide a key for reopening; or | ||
(2) reopen by other electronic means, such as by a | ||
fingerprint scan or entry of a numeric code. | ||
(d) 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. | ||
Sec. 2165.454. TEMPORARY SECURE WEAPON STORAGE | ||
ADMINISTERED BY PUBLIC EMPLOYEE. (a) A state agency may provide | ||
temporary secure weapon storage operated by a public employee for a | ||
building or portion of a building in which weapons are prohibited. | ||
(b) The weapons in temporary secure weapon storage must be | ||
placed in a safe, locker, or other location that is locked and | ||
accessible only to an employee of the state agency. | ||
(c) If a person gives to the public 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; and | ||
(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. | ||
(d) A person may reclaim the person's weapon by showing the | ||
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 public employee at all times that the building or | ||
portion of the building is open to the public; and | ||
(2) a person who is placing the weapon in storage or | ||
retrieving the weapon from storage is not required to wait more than | ||
five minutes. | ||
Sec. 2165.455. FEES. A state agency under this chapter may | ||
collect a fee for the use of a self-service weapon locker or other | ||
temporary secure weapon storage, not to exceed $1 for each day of | ||
use. | ||
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 put up a sign that describes the process for | ||
reclaiming a weapon that was 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 $1 for each day that the state agency stored 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, the weapon may be sold at public sale by an auctioneer | ||
licensed under Chapter 1802, Occupations Code. | ||
(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. This chapter applies to a | ||
building or portion of a building used by a political subdivision of | ||
this state that is generally open to the public and in which: | ||
(1) carrying a firearm, handgun, knife, or other | ||
weapon on the premises or part of the premises would violate Chapter | ||
46, Penal Code, or other law; or | ||
(2) the political subdivision in control of the | ||
building, by sign or otherwise, prohibits firearms, handguns, | ||
knives, or other weapons on the premises or part of the premises. | ||
Sec. 365.002. TEMPORARY SECURE WEAPON STORAGE REQUIRED. | ||
(a) A political subdivision must provide temporary secure weapon | ||
storage for each 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 a | ||
building. | ||
(b) The temporary secure weapon storage must be provided | ||
directly outside or immediately inside the entrance to the building | ||
or portion of the building in which weapons are prohibited. | ||
(c) A political subdivision may satisfy the requirements of | ||
this chapter by providing for the building or portion of the | ||
building: | ||
(1) the self-service weapon lockers described by | ||
Section 365.003; or | ||
(2) other temporary secure weapon storage operated at | ||
all times by a public employee 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) Each self-service weapon locker must be large enough to | ||
accommodate a handgun or knife. A political subdivision may, but is | ||
not required to, provide self-service weapon lockers appropriate | ||
for the storage of a rifle or other long gun. | ||
(c) A self-service weapon locker must allow secure locking | ||
by the user and: | ||
(1) provide a key for reopening; or | ||
(2) reopen by other electronic means, such as by a | ||
fingerprint scan or entry of a numeric code. | ||
(d) 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. | ||
Sec. 365.004. TEMPORARY SECURE WEAPON STORAGE ADMINISTERED | ||
BY PUBLIC EMPLOYEE. (a) A political subdivision may provide | ||
temporary secure weapon storage operated by a public employee for a | ||
building or portion of a building in which weapons are prohibited. | ||
(b) The weapons in temporary secure weapon storage must be | ||
placed in a safe, locker, or other location that is locked and | ||
accessible only to an employee of the political subdivision. | ||
(c) If a person gives to the public 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; and | ||
(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. | ||
(d) A person may reclaim the person's weapon by showing the | ||
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 public employee at all times that the building or | ||
portion of the building is open to the public; and | ||
(2) a person who is placing the weapon in storage or | ||
retrieving the weapon from storage is not required to wait more than | ||
five minutes. | ||
Sec. 365.005. FEES. A political subdivision under this | ||
chapter may collect a fee for the use of a self-service weapon | ||
locker or other temporary secure weapon storage, not to exceed $1 | ||
for each day of use. | ||
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 put up a sign that describes the | ||
process for reclaiming a weapon that was 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 $1 for each day that the political subdivision | ||
stored 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, the weapon may be sold at public sale by an auctioneer | ||
licensed under Chapter 1802, Occupations Code. | ||
(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. Not later than March 1, 2018, each state agency | ||
and political subdivision to which this Act applies shall provide | ||
self-service weapon lockers or other temporary secure storage. | ||
SECTION 4. This Act takes effect September 1, 2017. |