By: Swanson, et al. (Senate Sponsor - Hughes)	H.B. No. 29
	(In the Senate - Received from the House April 19, 2021;
	May 6, 2021, read first time and referred to Committee on State
	Affairs; May 12, 2021, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 7, Nays 0;
	May 12, 2021, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B. No. 29	By:  Hughes

	A BILL TO BE ENTITLED
	AN ACT
	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 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 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 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
	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.
	* * * * *