AN ACT

relating to the disposition of certain seized weapons.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 18.19, Code of Criminal Procedure, is

amended by amending Subsections (c), (d), and (e) and adding

Subsection (d-1) to read as follows:

(c) If there is no prosecution or conviction for an offense

involving the weapon seized, the magistrate to whom the seizure was

reported shall, before the 61st day after the date the magistrate

determines that there will be no prosecution or conviction, notify

in writing the person found in possession of the weapon that the

person is entitled to the weapon upon written request to the

magistrate. The magistrate shall order the weapon returned to the

person found in possession before the 61st day after the date the

magistrate receives a request from the person. If the weapon is not

requested before the 61st day after the date of notification, the

magistrate shall, before the 121st day after the date of

notification, order the weapon destroyed , sold at public sale by

the law enforcement agency holding the weapon or by an auctioneer

licensed under Chapter 1802, Occupations Code, or forfeited to the

state for use by the law enforcement agency holding the weapon or by

a county forensic laboratory designated by the magistrate. If the

magistrate does not order the return, destruction, sale, or

forfeiture of the weapon within the applicable period prescribed by

this subsection, the law enforcement agency holding the weapon may

request an order of destruction , sale, or forfeiture of the weapon

from the magistrate. Only a firearms dealer licensed under 18

U.S.C. Section 923 may purchase a weapon at public sale under this

subsection. Proceeds from the sale of a seized weapon under this

subsection shall be transferred, after the deduction of court costs

to which a district court clerk is entitled under Article 59.05(f),

followed by the deduction of auction costs, to the law enforcement

agency holding the weapon.

(d) A person either convicted or receiving deferred

adjudication under Chapter 46, Penal Code, is entitled to the

weapon seized upon request to the court in which the person was

convicted or placed on deferred adjudication. However, the court

entering the judgment shall order the weapon destroyed , sold at

public sale by the law enforcement agency holding the weapon or by

an auctioneer licensed under Chapter 1802, Occupations Code, or

forfeited to the state for use by the law enforcement agency holding

the weapon or by a county forensic laboratory designated by the

court if:

(1) the person does not request the weapon before the

61st day after the date of the judgment of conviction or the order

placing the person on deferred adjudication;

(2) the person has been previously convicted under

Chapter 46, Penal Code;

(3) the weapon is one defined as a prohibited weapon

under Chapter 46, Penal Code;

(4) the offense for which the person is convicted or

receives deferred adjudication was committed in or on the premises

of a playground, school, video arcade facility, or youth center, as

those terms are defined by Section 481.134, Health and Safety Code;

or

(5) the court determines based on the prior criminal

history of the defendant or based on the circumstances surrounding

the commission of the offense that possession of the seized weapon

would pose a threat to the community or one or more individuals.

(d-1) Only a firearms dealer licensed under 18 U.S.C.

Section 923 may purchase a weapon at public sale under Subsection

(d). Proceeds from the sale of a seized weapon under Subsection (d)

shall be transferred, after the deduction of court costs to which a

district court clerk is entitled under Article 59.05(f), followed

by the deduction of auction costs, to the law enforcement agency

holding the weapon.

(e) If the person found in possession of a weapon is

convicted of an offense involving the use of the weapon, before the

61st day after the date of conviction the court entering judgment of

conviction shall order destruction of the weapon , sale at public

sale by the law enforcement agency holding the weapon or by an

auctioneer licensed under Chapter 1802, Occupations Code, or

forfeiture to the state for use by the law enforcement agency

holding the weapon or by a county forensic laboratory designated by

the court. If the court entering judgment of conviction does not

order the destruction , sale, or forfeiture of the weapon within the

period prescribed by this subsection, the law enforcement agency

holding the weapon may request an order of destruction , sale, or

forfeiture of the weapon from a magistrate. Only a firearms dealer

licensed under 18 U.S.C. Section 923 may purchase a weapon at public

sale under this subsection. Proceeds from the sale of a seized

weapon under this subsection shall be transferred, after the

deduction of court costs to which a district court clerk is entitled

under Article 59.05(f), followed by the deduction of auction costs,

to the law enforcement agency holding the weapon.

SECTION 2. This Act takes effect September 1, 2013.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 1421 was passed by the House on May 6,

2013, by the following vote: Yeas 127, Nays 14, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1421 was passed by the Senate on May

14, 2013, by the following vote: Yeas 29, Nays 2.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________