Bill Text: TX SB172 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the reporting of lost or stolen firearms and to proof of loss for personal property insurance coverage for those firearms; creating a criminal offense.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB172 Detail]

Download: Texas-2023-SB172-Introduced.html
  88R3324 EAS-D
 
  By: Blanco S.B. No. 172
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reporting of lost or stolen firearms and to proof of
  loss for personal property insurance coverage for those firearms;
  creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 2002, Insurance Code, is
  amended by adding Section 2002.007 to read as follows:
         Sec. 2002.007.  PROOF OF LOSS FOR FIREARM COVERAGE. (a) In
  this section, "personal property insurance" means insurance
  against damage to or loss of tangible personal property, including
  coverage provided in a homeowners insurance policy, residential
  fire and allied lines insurance policy, or farm and ranch owners
  insurance policy.
         (b)  This section applies to each insurer that provides
  personal property insurance in this state, including a county
  mutual insurance company, farm mutual insurance company, Lloyd's
  plan, and reciprocal or interinsurance exchange.
         (c)  A personal property insurance policy that includes
  firearm coverage must provide that a report of the loss or theft of
  a covered firearm submitted to a peace officer or law enforcement
  agency on or before the 10th day after the date the policyholder
  became aware the firearm was lost or stolen is sufficient proof of
  loss for the firearm.
         SECTION 2.  Chapter 46, Penal Code, is amended by adding
  Section 46.135 to read as follows:
         Sec. 46.135.  FAILURE TO REPORT LOST OR STOLEN FIREARM. (a)
  A person commits an offense if the person:
               (1)  owns a firearm that is subsequently lost by or
  stolen from the person; and
               (2)  fails to report the loss or theft, or cause a
  report of the loss or theft to be made, to a peace officer or law
  enforcement agency on or before the 10th day after the date the
  person became aware the firearm was lost or stolen.
         (b)  An offense under this section is a Class C misdemeanor.
         (c)  If conduct constituting an offense under this section
  also constitutes an offense under another section of this code, the
  actor may be prosecuted under either section or under both
  sections.
         SECTION 3.  Section 2002.007, Insurance Code, as added by
  this Act, applies only to an insurance policy delivered, issued for
  delivery, or renewed on or after January 1, 2024.
         SECTION 4.  This Act takes effect September 1, 2023.
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