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A BILL TO BE ENTITLED
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AN ACT
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relating to the disposition of a firearm surrendered through a |
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firearm buyback program administered by certain local law |
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enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 11, Local Government Code, is |
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amended by adding Chapter 366 to read as follows: |
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CHAPTER 366. LOCAL LAW ENFORCEMENT AGENCY FIREARM BUYBACK |
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PROGRAMS |
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Sec. 366.001. DEFINITIONS. In this chapter: |
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(1) "Firearm buyback program" means a program under |
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which a local law enforcement agency offers a payment in exchange |
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for the surrender of a firearm to the agency. |
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(2) "Local law enforcement agency" means a municipal |
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police department or sheriff's department. |
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Sec. 366.002. DISPOSITION OF SURRENDERED FIREARM. (a) |
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Except as provided by Subsection (b), a local law enforcement |
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agency that receives a firearm surrendered through a firearm |
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buyback program shall ensure that all firearms received through the |
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firearm buyback program are destroyed. For purposes of this |
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section, destruction of a firearm means at a minimum: |
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(1) to completely melt, shred, or crush the firearm |
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receiver, frame, scope, and all other component parts of the |
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firearm; or |
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(2) to cut each of the following in at least three |
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critical locations: |
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(A) the firearm receiver; and |
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(B) any other component part of the firearm that |
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is similar to or exceeds the size of the receiver. |
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(b) Notwithstanding Subsection (a), a local law enforcement |
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agency may sell to a person a firearm received through a program |
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described by this section only if the agency: |
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(1) requests that a firearms dealer licensed under 18 |
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U.S.C. Section 923 conduct a national instant criminal background |
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check of the person in the manner required by 18 U.S.C. Section 922; |
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and |
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(2) uses the results of the background check to verify |
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that the person to whom the firearm is being sold may lawfully |
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possess a firearm. |
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(c) On a finding by the Texas Commission on Law Enforcement |
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that the chief administrator of a local law enforcement agency |
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intentionally failed to destroy a firearm in accordance with this |
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section, the commission shall begin disciplinary procedures |
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against the chief administrator. |
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SECTION 2. This Act takes effect September 1, 2025. |