86R8070 TSS-F
	By: Moody	H.B. No. 3191

	A BILL TO BE ENTITLED
	AN ACT
	relating to requiring a person who is the subject of a family
	violence protective order or arrested for or charged with an
	offense involving family violence to surrender firearms owned by
	the person.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 236, Local Government Code, is amended
	by adding Section 236.004 to read as follows:
	Sec. 236.004.  COUNTY TASK FORCES FOR SURRENDER AND RETURN
	OF FIREARMS DUE TO FAMILY VIOLENCE. (a) In this section:
	(1)  "Family violence center" means a public or private
	nonprofit organization that provides, as its primary purpose,
	services to victims of family violence, including the services
	under Section 51.005(b)(3), Human Resources Code.
	(2)  "Firearm" has the meaning assigned by Section
	46.01, Penal Code.
	(3)  "Task force" means a task force for the surrender
	and return of firearms due to family violence, as created by a
	county under this section.
	(4)  "Victim of family violence" has the meaning
	assigned by Section 51.002, Human Resources Code.
	(b)  Each county commissioners court shall establish a task
	force for the surrender and return of firearms due to family
	violence, including the following members if applicable for the
	county:
	(1)  the chief administrative officer of a family
	violence center or the chief administrator's designee;
	(2)  the chief of police of the municipality having the
	largest population in the county or the chief's designee;
	(3)  the sheriff of the county or the sheriff's
	designee;
	(4)  a judge of a court in the county with jurisdiction
	over cases involving family violence; and
	(5)  a prosecutor with jurisdiction in the county over
	cases involving family violence.
	(c)  The county commissioners court shall call the first
	meeting of the task force at which the members shall elect a
	presiding officer. All subsequent meetings shall be held at the
	call of the presiding officer.
	(d)  The presiding officer may appoint additional members to
	the task force if necessary for the task force to complete its
	duties under Subsection (g).
	(e)  The task force may consult with individuals or
	organizations having knowledge and experience in the issues of
	firearms and family violence.
	(f)  A vacancy for a member of the task force shall be filled
	immediately and in the same manner as the original appointment.
	(g)  The task force shall develop policy recommendations,
	model forms, and guidelines for best practices related to the
	surrender, receipt, storage, return, and disposal of firearms due
	to an order prohibiting a person from possessing a firearm
	following a finding of family violence entered by a court or an
	arrest or charge for an offense involving family violence,
	including:
	(1)  a protective order issued under Title 4, Family
	Code, or Chapter 7A, Code of Criminal Procedure;
	(2)  a magistrate's order of emergency protection
	issued under Article 17.292, Code of Criminal Procedure;
	(3)  an order setting the conditions of bond for a
	defendant charged with an offense involving family violence under
	Article 17.49, Code of Criminal Procedure; and
	(4)  an order granting community supervision to a
	defendant as described by Article 42A.504, Code of Criminal
	Procedure.
	(h)  In developing the recommendations, forms, and
	guidelines required under this section, the task force shall:
	(1)  consult with a family violence advocacy
	organization that provides services throughout the state;
	(2)  prioritize the safety of victims of family
	violence and law enforcement personnel;
	(3)  ensure due process is provided;
	(4)  provide specific guidance on the surrender,
	receipt, and storage of a firearm and the return or disposal of a
	firearm;
	(5)  require proof of compliance with orders requiring
	the surrender of a firearm; and
	(6)  provide for an enforcement option if compliance is
	not proven within 48 hours of the issuance of an order requiring
	surrender of a firearm.
	(i)  The task force shall make available all
	recommendations, forms, and guidelines developed under this
	section to all judges with jurisdiction over cases involving family
	violence in the county and all law enforcement agencies with
	jurisdiction in the county.
	(j)  The task force shall meet not later than the 90th day
	following the end of each regular legislative session to review and
	amend any recommendations, forms, or guidelines developed under
	this section.
	(k)  Not later than December 1 of each odd-numbered year, the
	task force shall provide the county commissioners court a report
	including:
	(1)  a list of task force members;
	(2)  a summary of all recommendations, forms, and
	guidelines developed under this section;
	(3)  a description of practices and procedures in the
	courts and law enforcement agencies within the county in regard to
	the surrender, receipt, storage, return, and disposal of firearms
	due to family violence; and
	(4)  a description of potential sources of funding
	available to implement recommendations.
	(l)  The commissioners courts of multiple counties may agree
	to form a regional task force under this section to serve the needs
	of all counties in the agreement.
	SECTION 2.  Article 7A.05, Code of Criminal Procedure, is
	amended by adding Subsection (b-2) to read as follows:
	(b-2)(1)  In an order under Subsection (a)(2)(D), if the
	applicant's relationship to or association with the alleged
	offender is described by Section 71.0021(b), 71.003, or 71.005,
	Family Code, the court may also order the alleged offender to
	surrender all firearms owned by the offender.
	(2)  Any order entered under this subsection must:
	(A)  provide notice to the alleged offender;
	(B)  provide for the receipt and storage of and
	for the return or disposal of a surrendered firearm; and
	(C)  require proof of compliance.
	(3)  When entering an order under this subsection, the
	court may adopt a recommendation, model form, or guideline
	developed by a task force under Section 236.004, Local Government
	Code, for the county in which the court is located.
	SECTION 3.  Article 17.292, Code of Criminal Procedure, is
	amended by adding Subsection (l-1) to read as follows:
	(l-1)(1)  If an order for emergency protection issued under
	this article prohibits the defendant from possessing a firearm and
	if the defendant was arrested for an offense involving family
	violence, the magistrate may also order the defendant to surrender
	all firearms owned by the defendant.
	(2)  Any order entered under this subsection must:
	(A)  provide notice to the defendant;
	(B)  provide for the receipt and storage of and
	for the return or disposal of a surrendered firearm; and
	(C)  require proof of compliance.
	(3)  When entering an order under this subsection, the
	magistrate may adopt a recommendation, model form, or guideline
	developed by a task force under Section 236.004, Local Government
	Code, for the county in which the court is located.
	SECTION 4.  Article 17.49, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsection (c-1) to
	read as follows:
	(b)  A magistrate may require as a condition of release on
	bond that a defendant charged with an offense involving family
	violence:
	(1)  refrain from going to or near a residence, school,
	place of employment, or other location, as specifically described
	in the bond, frequented by an alleged victim of the offense;
	(1-a)  refrain from possessing a firearm, unless the
	defendant is a peace officer, as defined by Section 1.07, Penal
	Code, actively engaged in employment as a sworn, full-time paid
	employee of a state agency or political subdivision;
	(2)  carry or wear a global positioning monitoring
	system device and, except as provided by Subsection (h), pay the
	costs associated with operating that system in relation to the
	defendant; or
	(3)  except as provided by Subsection (h), if the
	alleged victim of the offense consents after receiving the
	information described by Subsection (d), pay the costs associated
	with providing the victim with an electronic receptor device that:
	(A)  is capable of receiving the global
	positioning monitoring system information from the device carried
	or worn by the defendant; and
	(B)  notifies the victim if the defendant is at or
	near a location that the defendant has been ordered to refrain from
	going to or near under Subdivision (1).
	(c-1)(1)  If the magistrate imposes a condition described by
	Subsection (b)(1-a), the magistrate may also enter an order
	requiring the defendant to surrender all firearms owned by the
	defendant.
	(2)  Any order entered under this subsection must:
	(A)  provide notice to the defendant;
	(B)  provide for the receipt and storage of and
	for the return or disposal of a surrendered firearm; and
	(C)  require proof of compliance.
	(3)  When entering an order under this subsection, the
	magistrate may adopt a recommendation, model form, or guideline
	developed by a task force under Section 236.004, Local Government
	Code, for the county in which the court is located.
	SECTION 5.  Article 42A.504, Code of Criminal Procedure, is
	amended by amending Subsection (c) and adding Subsections (e) and
	(f) to read as follows:
	(c)  If the court grants community supervision to a defendant
	convicted of an offense involving family violence, the court may
	require the defendant, at the direction of the supervision officer,
	to:
	(1)  attend a battering intervention and prevention
	program or counsel with a provider of battering intervention and
	prevention services if the program or provider has been accredited
	under Section 4A, Article 42.141, as conforming to program
	guidelines under that article; [or]
	(2)  if the referral option under Subdivision (1) is
	not available, attend counseling sessions for the elimination of
	violent behavior with a licensed counselor, social worker, or other
	professional who has completed family violence intervention
	training that the community justice assistance division of the
	Texas Department of Criminal Justice has approved, after
	consultation with the licensing authorities described by Chapters
	152, 501, 502, 503, and 505, Occupations Code, and experts in the
	field of family violence; or
	(3)  refrain from possessing a firearm, unless the
	defendant is a peace officer, as defined by Section 1.07, Penal
	Code, actively engaged in employment as a sworn, full-time paid
	employee of a state agency or political subdivision.
	(e)  If the court under Subsection (c)(3) requires the
	defendant to refrain from possessing a firearm, the court may also
	enter an order requiring the defendant to surrender all firearms
	owned by the defendant.  Any order entered under this subsection
	must:
	(1)  provide notice to the defendant;
	(2)  provide for the receipt and storage of and for the
	return or disposal of a surrendered firearm; and
	(3)  require proof of compliance.
	(f)  When entering an order under Subsection (e), the court
	may adopt a recommendation, model form, or guideline developed by a
	task force under Section 236.004, Local Government Code, for the
	county in which the court is located.
	SECTION 6.  Section 85.022, Family Code, is amended by
	adding Subsections (c-1) and (c-2) to read as follows:
	(c-1)  In an order under Subsection (b)(6), the court may
	also order the person to surrender all firearms owned by the person.
	Any order entered under this subsection must:
	(1)  provide notice to the person;
	(2)  provide for the receipt and storage of and for the
	return or disposal of a surrendered firearm; and
	(3)  require proof of compliance.
	(c-2)  When entering an order under Subsection (c-1), the
	court may adopt a recommendation, model form, or guideline
	developed by a task force under Section 236.004, Local Government
	Code, for the county in which the court is located.
	SECTION 7.  Notwithstanding the requirement in Section
	236.004, Local Government Code, as added by this Act, that a report
	be submitted by December 1 of each odd-numbered year, a task force
	created under that section shall submit its first report to the
	county commissioners court not later than June 1, 2020.
	SECTION 8.  The changes in law made by this Act apply only to
	a protective order, magistrate's order of emergency protection,
	order granting community supervision, or order releasing a
	defendant on bond entered on or after the effective date of this
	Act. A protective order, magistrate's order of emergency
	protection, order granting community supervision, or order
	releasing a defendant on bond entered before the effective date of
	this Act is governed by the law in effect on the date the order was
	entered, and the former law is continued in effect for that purpose.
	SECTION 9.  This Act takes effect September 1, 2019.