Bill Summary – FastDemocracy

   
      88(R) HB 3081 - Introduced version - Bill Text
      
            88R11359 MAW-D
         
		By:  Harrison
            H.B.  No.  3081
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the deregulation of certain activities and occupations.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    The following provisions are repealed:
         
                                      (1)    Title 9, Agriculture Code;
         
                                      (2)    Article 42A.511(b), Code of Criminal Procedure;
         
                                      (3)    Sections 91.001(1), (4), (8), (8-a), and (11), 
         
            Labor Code;
         
                                      (4)    Section 91.002, Labor Code;
         
                                      (5)    Section 91.008, Labor Code;
         
                                      (6)    Subchapter B, Chapter 91, Labor Code;
         
                                      (7)    Section 91.045, Labor Code;
         
                                      (8)    Section 91.048, Labor Code;
         
                                      (9)    Section 91.061, Labor Code;
         
                                      (10)    Chapter 802, Occupations Code;
         
                                      (11)    Sections 1305.002(11-b) and (12), Occupations 
         
            Code;
         
                                      (12)    Section 1305.1601, Occupations Code;
         
                                      (13)    Section 1305.1605, Occupations Code;
         
                                      (14)    Section 1305.162(e), Occupations Code; and
         
                                      (15)    Chapter 1802, Occupations Code.
         
                          SECTION  2.    Articles 18.19(c), (d), and (e), Code of 
         
            Criminal Procedure, are 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, 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;
         
Statutes affected: 
Introduced: Labor Code 91.001, Labor Code 91.003, Labor Code 91.004, Labor Code 91.005, Labor Code 91.006, Labor Code 91.031, Labor Code 91.032, Labor Code 91.041, Labor Code 91.0411, Labor Code 91.042, Labor Code 91.044, Labor Code 91.046, Labor Code 91.047, Labor Code 91.049, Labor Code 91.062, Labor Code 415.011, Local Government Code 2051.151, Local Government Code 262.024, Local Government Code 263.153, Occupations Code 1101.005, Occupations Code 1305.102, Tax Code 33.25, Transportation Code 460.406, Transportation Code 503.024 (Occupations Code 1101, Occupations Code 1305, Local Government Code 262, Local Government Code 263, Tax Code 33, Transportation Code 503, Labor Code 91, Transportation Code 460, Local Government Code 2051, Labor Code 415)



	A BILL TO BE ENTITLED
	AN ACT
	relating to the deregulation of certain activities and occupations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The following provisions are repealed:
	(1) Title 9, Agriculture Code;
	(2) Article 42A.511(b), Code of Criminal Procedure;
	(3) Sections 91.001(1), (4), (8), (8-a), and (11),
	Labor Code;
	(4) Section 91.002, Labor Code;
	(5) Section 91.008, Labor Code;
	(6) Subchapter B, Chapter 91, Labor Code;
	(7) Section 91.045, Labor Code;
	(8) Section 91.048, Labor Code;
	(9) Section 91.061, Labor Code;
	(10) Chapter 802, Occupations Code;
	(11) Sections 1305.002(11-b) and (12), Occupations
	Code;
	(12) Section 1305.1601, Occupations Code;
	(13) Section 1305.1605, Occupations Code;
	(14) Section 1305.162(e), Occupations Code; and
	(15) Chapter 1802, Occupations Code.
	SECTION 2. Articles 18.19(c), (d), and (e), Code of
	Criminal Procedure, are 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, 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;
	Statutes affected: Introduced: Labor Code 91.001, Labor Code 91.003, Labor Code 91.004, Labor Code 91.005, Labor Code 91.006, Labor Code 91.031, Labor Code 91.032, Labor Code 91.041, Labor Code 91.0411, Labor Code 91.042, Labor Code 91.044, Labor Code 91.046, Labor Code 91.047, Labor Code 91.049, Labor Code 91.062, Labor Code 415.011, Local Government Code 2051.151, Local Government Code 262.024, Local Government Code 263.153, Occupations Code 1101.005, Occupations Code 1305.102, Tax Code 33.25, Transportation Code 460.406, Transportation Code 503.024 (Occupations Code 1101, Occupations Code 1305, Local Government Code 262, Local Government Code 263, Tax Code 33, Transportation Code 503, Labor Code 91, Transportation Code 460, Local Government Code 2051, Labor Code 415)