Relating to the disposition of a seized weapon belonging to a person who is not prosecuted or convicted for an offense involving the weapon.

89(R) HB 4933 - House Committee Report version - Bill Text

89R26039 JRR-F

By: Curry

H.B. No. 4933

Substitute the following for H.B. No. 4933:

By: Little

C.S.H.B. No. 4933

A BILL TO BE ENTITLED

AN ACT

relating to the disposition of a seized weapon belonging to a person

who is not prosecuted or convicted for an offense involving the

weapon.

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

SECTION 1. Article 18.19(c), Code of Criminal Procedure, is

amended 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,
not later than the 60th
[
before the 61st
] day after

the date the magistrate determines that there will be no

prosecution or conviction, notify
by certified mail
[
in writing
]

the person found in possession of the weapon
and the person's

attorney of record, if applicable,
that the person is entitled to

the weapon [
upon written request to the magistrate
].
Not later than

the 60th day after the date of notification, the
[
The
] magistrate

shall order the weapon
immediately released and
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
claimed
[
requested
] before the
first anniversary of
[
61st day

after
] the date of notification, the magistrate shall
issue an

order revoking the order to release and return the weapon under this

subsection and
[
, 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.

SECTION 2. The change in law made by this Act applies to the

disposition of a weapon on or after the effective date of this Act,

regardless of whether the weapon was seized by a law enforcement

agency before, on, or after that date.

SECTION 3. This Act takes effect September 1, 2025.