88R4245 AJZ/JRR-F
 
  By: Gutierrez, et al. S.B. No. 1274
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulating certain firearm transfers, possession of
  certain firearms, and protective orders prohibiting possession of a
  firearm; creating criminal offenses; increasing criminal
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. GENERAL PROVISIONS
         SECTION 1.01.  SHORT TITLE. This Act shall be known as the
  Robb Elementary Firearm Safety Act.
         SECTION 1.02.  PURPOSE. The purpose of this Act is to ensure
  the State of Texas is meeting its responsibility to protect the
  health and safety of all Texans by enacting common sense,
  evidence-based firearm safety laws. Texans deserve to live free
  from the threat and fear of firearm violence.
         SECTION 1.03.  FINDINGS. The legislature finds that:
               (1)  the State of Texas mourns the loss of 19 innocent
  children and two teachers in a senseless attack on Robb Elementary
  School in Uvalde, Texas, on May 24, 2022;
               (2)  the shooting at Robb Elementary School is the
  second deadliest school shooting in the history of the United
  States;
               (3)  the victims of the attack are Makenna Lee Elrod,
  10; Layla Salazar, 11; Maranda Mathis, 11; Nevaeh Bravo, 10; Jose
  Manuel Flores, Jr., 10; Xavier Lopez, 10; Tess Marie Mata, 10;
  Rojelio Torres, 10; Eliahna "Ellie" Amyah Garcia, 9; Eliahna
  A. Torres, 10; Annabell Guadalupe Rodriguez, 10; Jackie Cazares, 9;
  Uziyah Garcia, 10; Jayce Carmelo Luevanos, 10; Maite Yuleana
  Rodriguez, 10; Jailah Nicole Silguero, 10; Amerie Jo Garza, 10;
  Alexandria "Lexi" Aniyah Rubio, 10; Alithia Ramirez, 10; Irma
  Garcia, fourth grade teacher; and Eva Mireles, fourth grade
  teacher;
               (4)  three of the ten deadliest mass shootings in
  modern United States history have occurred in Texas in the past five
  years;
               (5)  the following mass shootings have occurred in
  Texas:
                     (A)  26 people were killed in Sutherland Springs,
  Texas, in 2017;
                     (B)  23 people were killed in Killeen, Texas, in
  1991;
                     (C)  23 people were killed in El Paso, Texas, in
  2019;
                     (D)  21 people were killed in Uvalde, Texas, in
  2022;
                     (E)  17 people were killed at The University of
  Texas at Austin in 1966;
                     (F)  13 people were killed in Killeen, Texas, in
  2009; and
                     (G)  10 people were killed in Santa Fe, Texas, in
  2018;
               (6)  firearm homicide rates for children under 18 have
  more than doubled in Texas between 2014 and 2020;
               (7)  from 2015 to 2020, Texas lost 572 children to
  firearm homicides, more than any other state; and
               (8)  overall firearm homicide rates in Texas have
  increased 66 percent from 2014 to 2020.
  ARTICLE 2. UNLAWFUL POSSESSION AND TRANSFER OF CERTAIN ASSAULT
  WEAPONS
         SECTION 2.01.  Chapter 46, Penal Code, is amended by adding
  Section 46.055 to read as follows:
         Sec. 46.055.  UNLAWFUL POSSESSION OF ASSAULT WEAPON. (a) In
  this section, "assault weapon" means:
               (1)  a semiautomatic centerfire rifle that has the
  capacity to accept a detachable magazine and has:
                     (A)  a pistol grip that protrudes conspicuously
  beneath the action of the firearm;
                     (B)  a folding or telescoping stock;
                     (C)  a thumbhole stock;
                     (D)  a second handgrip or a protruding grip that
  can be held by the non-trigger hand;
                     (E)  a flash suppressor; or
                     (F)  a grenade launcher or flare launcher;
               (2)  a semiautomatic centerfire rifle that has a fixed
  magazine that holds more than 10 rounds of ammunition;
               (3)  a semiautomatic centerfire rifle that has an
  overall length of less than 30 inches;
               (4)  a semiautomatic shotgun that has the capacity to
  accept a detachable magazine;
               (5)  a semiautomatic shotgun that has a folding or
  telescoping stock and has:
                     (A)  a thumbhole stock; or
                     (B)  a second handgrip or a protruding grip that
  can be held by the non-trigger hand;
               (6)  a semiautomatic pistol that has the capacity to
  accept a detachable magazine and has:
                     (A)  a second handgrip or a protruding grip that
  can be held by the non-trigger hand;
                     (B)  an ammunition magazine that attaches to the
  pistol outside of the pistol grip;
                     (C)  a threaded barrel capable of accepting a
  flash suppressor, forward handgrip, or silencer; or
                     (D)  a shroud that is attached to or partially or
  completely encircles the barrel and that permits the shooter to
  hold the firearm with the non-trigger hand without being burned;
               (7)  a semiautomatic pistol that has a fixed magazine
  that holds more than 10 rounds of ammunition;
               (8)  a revolving cylinder shotgun; or
               (9)  a conversion kit, part, or combination of parts
  from which an assault weapon can be assembled or with which a
  firearm may be converted into a weapon described by Subdivision
  (1), (2), (3), (4), (5), (6), (7), or (8).
         (b)  A person who is younger than 21 years of age commits an
  offense if the person knowingly possesses an assault weapon.
         (c)  An offense under this section is a state jail felony.
         (d)  It is a defense to prosecution under this section that:
               (1)  the actor possessed the assault weapon for the
  actual discharge of official duties as:
                     (A)  a peace officer, as defined by Section 1.07;
  or
                     (B)  a member of the armed forces or state
  military forces, as defined by Section 431.001, Government Code; or
               (2)  the actor lawfully possessed the assault weapon on
  August 31, 2023.
         (e)  This section does not apply to an assault weapon that
  has been rendered permanently inoperable.
         (f)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 2.02.  Section 46.06, Penal Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsections (c-1)
  and (e) to read as follows:
         (a)  A person commits an offense if the person:
               (1)  sells, rents, leases, loans, or gives a handgun to
  any person knowing that the person to whom the handgun is to be
  delivered intends to use it unlawfully or in the commission of an
  unlawful act;
               (2)  intentionally or knowingly sells, rents, leases,
  or gives or offers to sell, rent, lease, or give:
                     (A)  a [to any child younger than 18 years of age
  any firearm,] club, [or] location-restricted knife, or firearm
  other than an assault weapon to a person younger than 18 years of
  age; or
                     (B)  an assault weapon to a person younger than 21
  years of age;
               (3)  intentionally, knowingly, or recklessly sells a
  firearm or ammunition for a firearm to any person who is
  intoxicated;
               (4)  knowingly sells a firearm or ammunition for a
  firearm to any person who has been convicted of a felony before the
  fifth anniversary of the later of the following dates:
                     (A)  the person's release from confinement
  following conviction of the felony; or
                     (B)  the person's release from supervision under
  community supervision, parole, or mandatory supervision following
  conviction of the felony;
               (5)  sells, rents, leases, loans, or gives a firearm
  [handgun] to any person knowing that an active protective order is
  directed to the person to whom the firearm [handgun] is to be
  delivered;
               (6)  knowingly purchases, rents, leases, or receives as
  a loan or gift from another a firearm [handgun] while an active
  protective order is directed to the actor; or
               (7)  while prohibited from possessing a firearm under
  state or federal law, knowingly makes a material false statement on
  a form that is:
                     (A)  required by state or federal law for the
  purchase, sale, or other transfer of a firearm; and
                     (B)  submitted to a [licensed] firearms dealer
  licensed under [, as defined by] 18 U.S.C. Section 923.
         (c)  It is an affirmative defense to prosecution under
  Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
  whose parent or the person having legal custody of the minor had
  given written permission for the sale or, if the transfer was other
  than a sale, the parent or person having legal custody had given
  effective consent.
         (c-1)  It is a defense to prosecution under Subsection
  (a)(2)(B), (a)(5), or (a)(6) that the transfer was to a person who
  provided evidence to the actor that the person is:
               (1)  a peace officer, as defined by Section 1.07; or
               (2)  a member of the armed forces or state military
  forces, as defined by Section 431.001, Government Code.
         (d)  An offense under this section is a Class A misdemeanor,
  except that:
               (1)  an offense under Subsection (a)(2)(A) [(a)(2)] is
  a state jail felony if the weapon that is the subject of the offense
  is a handgun; [and]
               (2)  an offense under Subsection (a)(2)(B) or (a)(7) is
  a state jail felony; and
               (3)  an offense under Subsection (a)(5) or (a)(6) is a
  state jail felony if the weapon that is the subject of the offense
  is an assault weapon.
         (e)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 2.03.  Section 46.06(b), Penal Code, is amended by
  adding Subdivision (3) to read as follows:
               (3)  "Assault weapon" has the meaning assigned by
  Section 46.055.
         SECTION 2.04.  The change in law made by this article applies
  only to an offense committed on or after the effective date of this
  Act. An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
  ARTICLE 3. REGULATION OF FIREARM TRANSFERS
         SECTION 3.01.  Title 6, Business & Commerce Code, is amended
  by adding Chapter 205 to read as follows:
  CHAPTER 205. REGULATION OF FIREARM TRANSFERS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 205.001.  DEFINITIONS. In this chapter:
               (1)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code.
               (2)  "Licensed firearms dealer" means a person who is
  licensed as a firearms dealer under 18 U.S.C. Section 923.
  SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
  PRIVATE FIREARM TRANSFERS
         Sec. 205.051.  NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
  REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or
  otherwise transfer a firearm to another person unless:
               (1)  the person is a licensed firearms dealer;
               (2)  the person sells or transfers the firearm to a
  licensed firearms dealer; or
               (3)  before the firearm is delivered to the person to
  whom the firearm is being sold or transferred, the person selling or
  transferring the firearm delivers the firearm to a licensed
  firearms dealer to retain possession of the firearm until the
  dealer conducts a national instant criminal background check in the
  manner required by 18 U.S.C. Section 922 and verifies that the
  person to whom the firearm is being sold or transferred may lawfully
  possess a firearm.
         Sec. 205.052.  DUTIES OF LICENSED FIREARMS DEALER. (a) If a
  licensed firearms dealer receives a firearm under Section
  205.051(3), the dealer shall conduct a national instant criminal
  background check in the manner required by 18 U.S.C. Section 922 to
  verify that the person to whom the firearm is being sold or
  transferred may lawfully possess a firearm.
         (b)  If a licensed firearms dealer determines that the person
  to whom the firearm is being sold or transferred may not lawfully
  possess a firearm, the dealer shall return the firearm to the person
  selling or transferring the firearm.
         (c)  If a licensed firearms dealer determines that the person
  to whom the firearm is being sold or transferred may lawfully
  possess a firearm, the dealer shall transfer the firearm as
  directed by the person selling or transferring the firearm.
         (d)  A licensed firearms dealer to whom a firearm is
  delivered under Section 205.051(3) may collect a reasonable fee
  from the person who is selling or transferring the firearm.
         Sec. 205.053.  EXCEPTION. This subchapter does not apply
  to:
               (1)  a transfer of a firearm to a person by inheritance
  or bequest on the death of the owner of the firearm; or
               (2)  a sale or other transfer of a firearm by the owner
  of the firearm if the transferor and the transferee are related
  within the third degree by consanguinity or within the second
  degree by affinity as determined under Chapter 573, Government
  Code.
         Sec. 205.054.  OFFENSE. (a) A person who violates this
  subchapter commits an offense.
         (b)  An offense under this section is a Class A misdemeanor.
         (c)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
  SUBCHAPTER C. REQUIREMENTS FOR CERTAIN FIREARM SALES BY LICENSED
  FIREARMS DEALERS
         Sec. 205.101.  WAITING PERIOD REQUIRED FOR CERTAIN SALES OF
  FIREARMS; OFFENSE.  (a)  A licensed firearms dealer who sells a
  firearm to a person in exchange for money or other consideration
  commits an offense if the licensed firearms dealer delivers the
  firearm to the person to whom the firearm is being sold before the
  later of:
               (1)  the third business day after the date on which the
  firearm was sold to the person; or
               (2)  the date on which the licensed firearms dealer
  verifies, by conducting a national instant criminal background
  check in the manner required by 18 U.S.C. Section 922, that the
  person to whom the firearm is being sold may lawfully possess a
  firearm.
         (b)  This section does not apply to the sale of a firearm to a
  person who is:
               (1)  a peace officer, as defined by Section 1.07, Penal
  Code; or
               (2)  a member of the armed forces or state military
  forces, as defined by Section 431.001, Government Code.
         (c)  An offense under this section is a state jail felony.
         (d)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section, the other law, or both.
         (e)  A licensed firearms dealer shall make records of firearm
  sales available for inspection by a law enforcement agency during
  regular business hours.
  ARTICLE 4. PROTECTIVE ORDERS
         SECTION 4.01.  Article 7B.005(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  In a protective order issued under this subchapter, the
  court may:
               (1)  order the alleged offender to take action as
  specified by the court that the court determines is necessary or
  appropriate to prevent or reduce the likelihood of future harm to
  the applicant or a member of the applicant's family or household; or
               (2)  prohibit the alleged offender from:
                     (A)  communicating:
                           (i)  directly or indirectly with the
  applicant or any member of the applicant's family or household in a
  threatening or harassing manner; or
                           (ii)  in any manner with the applicant or any
  member of the applicant's family or household except through the
  applicant's attorney or a person appointed by the court, if the
  court finds good cause for the prohibition;
                     (B)  going to or near the residence, place of
  employment or business, or child-care facility or school of the
  applicant or any member of the applicant's family or household;
                     (C)  engaging in conduct directed specifically
  toward the applicant or any member of the applicant's family or
  household, including following the person, that is reasonably
  likely to harass, annoy, alarm, abuse, torment, or embarrass the
  person; and
                     (D)  possessing a firearm, unless the alleged
  offender possesses the firearm for the actual discharge of the
  alleged offender's official duties as:
                           (i)  [is] a peace officer, as defined by
  Section 1.07, Penal Code; or
                           (ii)  a member of the armed forces or state
  military forces, as defined by Section 431.001, Government Code[,
  actively engaged in employment as a sworn, full-time paid employee
  of a state agency or political subdivision].
         SECTION 4.02.  Article 7B.006(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  Each protective order issued under this subchapter,
  including a temporary ex parte order, must contain the following
  prominently displayed statements in boldfaced type, in capital
  letters, or underlined:
         "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
  CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
  JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         "IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE
  ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO
  POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S
  OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07,
  PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY
  FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY
  ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE
  AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE
  ORDER TO POSSESS A FIREARM OR AMMUNITION]."
         SECTION 4.03.  Chapter 7B, Code of Criminal Procedure, is
  amended by adding Subchapter D to read as follows:
  SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER
         Art. 7B.151.  DEFINITIONS. In this subchapter:
               (1)  "Bodily injury" and "serious bodily injury" have
  the meanings assigned by Section 1.07, Penal Code.
               (2)  "Family," "family violence," and "household" have
  the meanings assigned by Chapter 71, Family Code.
               (3)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code.
         Art. 7B.152.  APPLICATION FOR EXTREME RISK PROTECTIVE ORDER.
  (a) An application for a protective order under this subchapter may
  be filed by:
               (1)  a member of the respondent's family or household;
               (2)  a parent, guardian, or conservator of a person who
  is:
                     (A)  under 18 years of age; and
                     (B)  a member of the respondent's family or
  household; or
               (3)  a peace officer.
         (b)  An application must:
               (1)  include:
                     (A)  detailed allegations, based on personal
  knowledge of a person described by Subsection (a), regarding any
  dangerous behavior or conduct exhibited by the respondent,
  including any behavior or conduct related to the respondent's use
  of firearms;
                     (B)  information concerning the quantity, type,
  and location of any firearms the applicant believes to be in the
  respondent's possession or control, if any;
                     (C)  any other relevant facts indicating a need
  for a protective order under this subchapter; and
                     (D)  a statement that the applicant believes the
  respondent poses an immediate and present danger of causing bodily
  injury, serious bodily injury, or death to any person, including
  the respondent, as a result of the respondent's access to firearms;
  and
               (2)  be signed by the applicant under an oath that, to
  the knowledge and belief of the applicant, the facts and
  circumstances contained in the application are true.
         (c)  An application for a protective order under this
  subchapter may be filed in a district court, juvenile court having
  the jurisdiction of a district court, statutory county court, or
  constitutional county court in the county in which the applicant or
  the respondent resides.
         Art. 7B.153.  CONFIDENTIALITY OF CERTAIN INFORMATION. On
  receiving an application containing specific health information
  concerning the respondent, the court shall order the clerk to:
               (1)  strike the information from the public records of
  the court; and
               (2)  maintain a confidential record of the information
  for use only by the court.
         Art. 7B.154.  TEMPORARY EX PARTE ORDER. (a) If the court
  finds from the information contained in an application for a
  protective order under this subchapter that there is reasonable
  cause to believe that the respondent poses an immediate and present
  danger of causing bodily injury, serious bodily injury, or death to
  any person, including the respondent, as a result of the
  respondent's access to firearms, the court, without further notice
  to the respondent and without a hearing, may issue a temporary ex
  parte order prohibiting the respondent from purchasing, owning,
  possessing, or controlling a firearm.
         (b)  In a temporary ex parte order, the court may order the
  respondent to:
               (1)  not later than 24 hours after the time the order is
  issued, relinquish any firearms owned by or in the actual or
  constructive possession or control of the respondent to a law
  enforcement agency for holding in the manner provided by Article
  18.192; and
               (2)  if applicable, surrender to the court the
  respondent's license to carry a handgun issued under Subchapter H,
  Chapter 411, Government Code.
         Art. 7B.155.  HEARING; ISSUANCE OF PROTECTIVE ORDER. (a)
  Not later than the 14th day after the later of the date an
  application is filed or the date a temporary ex parte order is
  issued, the court shall hold a hearing on the issuance of the
  protective order.
         (b)  The court shall provide personal notice of the hearing
  to the respondent.
         (c)  In determining whether to issue a protective order under
  this article, the court:
               (1)  shall consider:
                     (A)  any history of threats or acts of violence by
  the respondent directed at any person, including the respondent;
                     (B)  any history of the respondent using,
  attempting to use, or threatening to use physical force against
  another person;
                     (C)  any recent violation by the respondent of an
  order issued:
                           (i)  under another provision of Chapter 7B
  or under Article 17.292;
                           (ii)  under Section 6.504 or Chapter 85,
  Family Code;
                           (iii)  under Chapter 83, Family Code, if the
  temporary ex parte order has been served on the respondent; or
                           (iv)  by another jurisdiction as provided by
  Chapter 88, Family Code;
                     (D)  any arrest or conviction of the respondent
  for:
                           (i)  an offense under Section 42.072, Penal
  Code; or
                           (ii)  an offense involving violence,
  including family violence;
                     (E)  any conviction of the respondent for an
  offense under Section 42.09, 42.091, or 42.092, Penal Code; and
                     (F)  evidence related to the respondent's current
  or recent abuse of a controlled substance or alcohol, not including
  any evidence of previous treatment for or recovery from abusing a
  controlled substance or alcohol; and
               (2)  may consider any other relevant factor including:
                     (A)  any previous violation by the respondent of
  an order described by Subdivision (1)(C); and
                     (B)  evidence regarding the respondent's recent
  acquisition of firearms, ammunition, or other deadly weapons.
         (d)  At the close of the hearing, if the court finds by clear
  and convincing evidence that the respondent poses an immediate and
  present danger of causing bodily injury, serious bodily injury, or
  death to any person, including the respondent, as a result of the
  respondent's access to firearms, the court shall issue a protective
  order that includes a statement of the required finding.
         (e)  If the court does not make the finding described by
  Subsection (d), the court shall, as applicable, rescind any
  temporary ex parte order issued under Article 7B.154 and return the
  respondent's license to carry a handgun.
         Art. 7B.156.  CONTENTS OF PROTECTIVE ORDER. In a protective
  order issued under Article 7B.155, the court shall:
               (1)  prohibit the person who is subject to the order
  from purchasing, owning, possessing, or controlling a firearm for
  the duration of the order;
               (2)  order the person to:
                     (A)  not later than 24 hours after the time the
  order is issued, relinquish any firearms owned by or in the actual
  or constructive possession or control of the person to a law
  enforcement agency for holding in the manner provided by Article
  18.192; and
                     (B)  if applicable, surrender to the court the
  person's license to carry a handgun issued under Subchapter H,
  Chapter 411, Government Code; and
               (3)  suspend a license to carry a handgun issued under
  Subchapter H, Chapter 411, Government Code, that is held by the
  person.
         Art. 7B.157.  DURATION OF PROTECTIVE ORDER. (a) A
  protective order issued under Article 7B.155 is effective until the
  first anniversary of the date the order was issued.
         (b)  The court may renew a protective order issued under
  Article 7B.155 for a period not to exceed one year after the order's
  original expiration date. Before renewing the order the court must
  hold a hearing after providing personal notice of the hearing to the
  person who is the subject of the order.
         (c)  A person who is the subject of a protective order may
  file a motion not earlier than the 91st day after the date on which
  the order was initially issued or renewed, as applicable,
  requesting that the court review the order and determine whether
  there is a continuing need for the order. After a hearing on the
  motion, if the court fails to make the finding that there is no
  continuing need for the order, the order remains in effect until the
  date the order expires as provided by this article.
         (d)  At a hearing to renew or rescind a protective order
  under this article, the court shall consider the factors described
  by Article 7B.155(c).
         Art. 7B.158.  NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a)
  Not later than 24 hours after the time a protective order is issued
  under Article 7B.155, the clerk of the issuing court shall provide
  the following to the Department of Public Safety:
               (1)  the complete name, race, and sex of the person who
  is the subject of the order;
               (2)  any known identifying number of the person,
  including a social security number, driver's license number, or
  state identification number;
               (3)  the person's date of birth;
               (4)  if surrendered to the court, the person's license
  to carry a handgun issued under Subchapter H, Chapter 411,
  Government Code; and
               (5)  a copy of the order suspending the person's license
  to carry a handgun under Subchapter H, Chapter 411, Government
  Code.
         (b)  On receipt of an order suspending a license to carry a
  handgun, the department shall:
               (1)  record the suspension of the license in the
  records of the department;
               (2)  report the suspension to local law enforcement
  agencies, as appropriate; and
               (3)  if the license was not surrendered to the court,
  demand surrender of the suspended license from the license holder.
         (c)  Not later than the 30th day after the date the
  protective order is rescinded or expires under Article 7B.157, the
  clerk of the issuing court shall notify the Department of Public
  Safety of the rescission or expiration, as applicable.
         Art. 7B.159.  APPLICATION OF OTHER LAW. To the extent
  applicable, except as otherwise provided by this subchapter, Title
  4, Family Code, applies to a protective order issued under this
  subchapter.
         SECTION 4.04.  Articles 17.292(c) and (g), Code of Criminal
  Procedure, are amended to read as follows:
         (c)  The magistrate in the order for emergency protection may
  prohibit the arrested party from:
               (1)  committing:
                     (A)  family violence or an assault on the person
  protected under the order; or
                     (B)  an act in furtherance of an offense under
  Section 20A.02 or 42.072, Penal Code;
               (2)  communicating:
                     (A)  directly with a member of the family or
  household or with the person protected under the order in a
  threatening or harassing manner;
                     (B)  a threat through any person to a member of the
  family or household or to the person protected under the order; or
                     (C)  if the magistrate finds good cause, in any
  manner with a person protected under the order or a member of the
  family or household of a person protected under the order, except
  through the party's attorney or a person appointed by the court;
               (3)  going to or near:
                     (A)  the residence, place of employment, or
  business of a member of the family or household or of the person
  protected under the order; or
                     (B)  the residence, child care facility, or school
  where a child protected under the order resides or attends; or
               (4)  possessing a firearm, unless the person possesses
  the firearm for the actual discharge of the person's official
  duties as:
                     (A)  [is] a peace officer, as defined by Section
  1.07, Penal Code; or
                     (B)  a member of the armed forces or state
  military forces, as defined by Section 431.001, Government Code [,
  actively engaged in employment as a sworn, full-time paid employee
  of a state agency or political subdivision].
         (g)  An order for emergency protection issued under this
  article must contain the following statements printed in bold-face
  type or in capital letters:
         "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
  BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
  CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH.  AN ACT THAT
  RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
  MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
  VIOLATION OF THIS ORDER.  IF THE ACT IS PROSECUTED AS A SEPARATE
  FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
  LEAST TWO YEARS.  THE POSSESSION OF A FIREARM BY A PERSON, OTHER
  THAN A PERSON WHO POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF
  THE PERSON'S OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY
  SECTION 1.07, PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR
  STATE MILITARY FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT
  CODE [ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID
  EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION], WHO IS
  SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE
  PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         SECTION 4.05.  Chapter 18, Code of Criminal Procedure, is
  amended by adding Article 18.192 to read as follows:
         Art. 18.192.  HOLDING AND DISPOSITION OF FIREARM
  RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law
  enforcement officer who takes possession of a firearm from a person
  who is the subject of an extreme risk protective order issued under
  Subchapter D, Chapter 7B, shall immediately provide the person a
  written copy of the receipt for the firearm and a written notice of
  the procedure for the return of a firearm under this article.
         (b)  Not later than the seventh day after the date a firearm
  subject to disposition under this article is received, the law
  enforcement agency holding the firearm shall notify the court that
  issued the extreme risk protective order that the person who is the
  subject of the order has relinquished the firearm.
         (c)  Not later than the 30th day after the date the extreme
  risk protective order is rescinded or expires, the clerk of the
  court shall notify the law enforcement agency of the rescission or
  expiration.
         (d)  Not later than the 30th day after the date the law
  enforcement agency holding a firearm subject to disposition under
  this article receives the notice described by Subsection (c), the
  law enforcement agency shall conduct a check of state and national
  criminal history record information to verify whether the person
  may lawfully possess a firearm under 18 U.S.C. Section 922(g) and
  under the law of this state.
         (e)  If the check conducted under Subsection (d) verifies
  that the person may lawfully possess a firearm, the law enforcement
  agency shall provide to the person by certified mail written notice
  stating that the firearm may be returned to the person if the person
  submits a written request before the 121st day after the date of the
  notice.
         (f)  An unclaimed firearm that is received under an extreme
  risk protective order issued under Subchapter D, Chapter 7B, may
  not be destroyed or forfeited to the state.
         (g)  The law enforcement agency holding the firearm may
  provide for the firearm to be sold by a firearms dealer licensed
  under 18 U.S.C. Section 923 if:
               (1)  the check conducted under Subsection (d) shows
  that the person may not lawfully possess a firearm; or
               (2)  the notice is provided under Subsection (e) and
  the person does not submit, before the 121st day after the date of
  the notice, a written request for the return of the firearm.
         (h)  The proceeds from the sale of a firearm under this
  article shall be paid to the owner of the seized firearm, less the
  cost of administering this article with respect to the firearm.
         SECTION 4.06.  Section 85.022(b), Family Code, is amended to
  read as follows:
         (b)  In a protective order, the court may prohibit the person
  found to have committed family violence from:
               (1)  committing family violence;
               (2)  communicating:
                     (A)  directly with a person protected by an order
  or a member of the family or household of a person protected by an
  order, in a threatening or harassing manner;
                     (B)  a threat through any person to a person
  protected by an order or a member of the family or household of a
  person protected by an order; and
                     (C)  if the court finds good cause, in any manner
  with a person protected by an order or a member of the family or
  household of a person protected by an order, except through the
  party's attorney or a person appointed by the court;
               (3)  going to or near the residence or place of
  employment or business of a person protected by an order or a member
  of the family or household of a person protected by an order;
               (4)  going to or near the residence, child-care
  facility, or school a child protected under the order normally
  attends or in which the child normally resides;
               (5)  engaging in conduct directed specifically toward a
  person who is a person protected by an order or a member of the
  family or household of a person protected by an order, including
  following the person, that is reasonably likely to harass, annoy,
  alarm, abuse, torment, or embarrass the person;
               (6)  possessing a firearm, unless the person possesses
  the firearm for the actual discharge of the person's official
  duties as:
                     (A)  [is] a peace officer, as defined by Section
  1.07, Penal Code; or
                     (B)  a member of the armed forces or state
  military forces, as defined by Section 431.001, Government Code [,
  actively engaged in employment as a sworn, full-time paid employee
  of a state agency or political subdivision]; and
               (7)  harming, threatening, or interfering with the
  care, custody, or control of a pet, companion animal, or assistance
  animal, as defined by Section 121.002, Human Resources Code, that
  is possessed by or is in the actual or constructive care of a person
  protected by an order or by a member of the family or household of a
  person protected by an order.
         SECTION 4.07.  Section 85.026(a), Family Code, is amended to
  read as follows:
         (a)  Each protective order issued under this subtitle,
  including a temporary ex parte order, must contain the following
  prominently displayed statements in boldfaced type, capital
  letters, or underlined:
         "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
  CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
  JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         "IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE
  ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO
  POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S
  OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07,
  PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY
  FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY
  ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE
  AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE
  ORDER TO POSSESS A FIREARM OR AMMUNITION]."
         "IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
  CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
  EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
  ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
  IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
               "(1)  THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
  RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
  IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
               "(2)  THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
  RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
  IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
         "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
  BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
  CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
  RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
  MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
  SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
  FOR AT LEAST TWO YEARS."
         SECTION 4.08.  Subchapter D, Chapter 411, Government Code,
  is amended by adding Section 411.0522 to read as follows:
         Sec. 411.0522.  INFORMATION CONCERNING EXTREME RISK
  PROTECTIVE ORDER. (a) The department by rule shall establish a
  procedure to provide information concerning a person who is the
  subject of an extreme risk protective order to the Federal Bureau of
  Investigation for inclusion in the National Instant Criminal
  Background Check System.
         (b)  The procedure must require the department to provide any
  information received under Article 7B.158, Code of Criminal
  Procedure, to the Federal Bureau of Investigation not later than 24
  hours after the time the department received the information.
         SECTION 4.09.  Section 411.172(a), Government Code, is
  amended to read as follows:
         (a)  A person is eligible for a license to carry a handgun if
  the person:
               (1)  is a legal resident of this state for the six-month
  period preceding the date of application under this subchapter or
  is otherwise eligible for a license under Section 411.173(a);
               (2)  is at least 21 years of age;
               (3)  has not been convicted of a felony;
               (4)  is not charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment;
               (5)  is not a fugitive from justice for a felony or a
  Class A or Class B misdemeanor or equivalent offense;
               (6)  is not a chemically dependent person;
               (7)  is not incapable of exercising sound judgment with
  respect to the proper use and storage of a handgun;
               (8)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense or of an offense under Section 42.01, Penal
  Code, or equivalent offense;
               (9)  is fully qualified under applicable federal and
  state law to purchase a handgun;
               (10)  has not been finally determined to be delinquent
  in making a child support payment administered or collected by the
  attorney general;
               (11)  has not been finally determined to be delinquent
  in the payment of a tax or other money collected by the comptroller,
  the tax collector of a political subdivision of the state, or any
  agency or subdivision of the state;
               (12)  is not currently:
                     (A)  restricted under a court protective order,
  including an extreme risk protective order issued under Subchapter
  D, Chapter 7B, Code of Criminal Procedure; or
                     (B)  subject to a restraining order affecting the
  spousal relationship, other than a restraining order solely
  affecting property interests;
               (13)  has not, in the 10 years preceding the date of
  application, been adjudicated as having engaged in delinquent
  conduct violating a penal law of the grade of felony; and
               (14)  has not made any material misrepresentation, or
  failed to disclose any material fact, in an application submitted
  pursuant to Section 411.174.
         SECTION 4.10.  Sections 411.187(a) and (c), Government Code,
  are amended to read as follows:
         (a)  The department shall suspend a license under this
  section if the license holder:
               (1)  is charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense, or of an offense under
  Section 42.01, Penal Code, or equivalent offense, or of a felony
  under an information or indictment;
               (2)  fails to notify the department of a change of
  address, name, or status as required by Section 411.181;
               (3)  commits an act of family violence and is the
  subject of an active protective order rendered under Title 4,
  Family Code; [or]
               (4)  is arrested for an offense involving family
  violence or an offense under Section 42.072, Penal Code, and is the
  subject of an order for emergency protection issued under Article
  17.292, Code of Criminal Procedure; or
               (5)  is the subject of an active protective order
  issued under Subchapter D, Chapter 7B, Code of Criminal Procedure.
         (c)  The department shall suspend a license under this
  section:
               (1)  for 30 days, if the person's license is subject to
  suspension for a reason listed in Subsection (a)(2)[, (3), or (4),
  except as provided by Subdivision (2)];
               (2)  [for not less than one year and not more than three
  years, if the person's license:
                     [(A)  is subject to suspension for a reason listed
  in Subsection (a), other than the reason listed in Subsection
  (a)(1); and
                     [(B)  has been previously suspended for the same
  reason;
               [(3)]  until dismissal of the charges, if the person's
  license is subject to suspension for the reason listed in
  Subsection (a)(1); or
               (3) [(4)]  for the duration of or the period specified
  by:
                     (A)  the protective order issued under Title 4,
  Family Code, if the person's license is subject to suspension for
  the reason listed in Subsection (a)(3) [(a)(5)]; [or]
                     (B)  the order for emergency protection issued
  under Article 17.292, Code of Criminal Procedure, if the person's
  license is subject to suspension for the reason listed in
  Subsection (a)(4); or
                     (C)  the extreme risk protective order issued
  under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the
  person's license is subject to suspension for the reason listed in
  Subsection (a)(5) [(a)(6)].
         SECTION 4.11.  Chapter 37, Penal Code, is amended by adding
  Section 37.083 to read as follows:
         Sec. 37.083.  FALSE REPORT REGARDING REQUEST FOR EXTREME
  RISK PROTECTIVE ORDER. (a) A person commits an offense if, with
  intent to deceive, the person makes a statement that the person
  knows to be false to a peace officer relating to a request that the
  officer file an application for an extreme risk protective order
  under Subchapter D, Chapter 7B, Code of Criminal Procedure.
         (b)  An offense under this section is a Class B misdemeanor.
         (c)  If conduct that constitutes an offense under this
  section also constitutes an offense under another law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 4.12.  Section 46.04, Penal Code, is amended by
  amending Subsections (c) and (e) and adding Subsections (c-1) and
  (c-2) to read as follows:
         (c)  A person [, other than a peace officer, as defined by
  Section 1.07, actively engaged in employment as a sworn, full-time
  paid employee of a state agency or political subdivision,] who is
  subject to an order issued under Section 6.504 or Chapter 85, Family
  Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of
  Criminal Procedure, or by another jurisdiction as provided by
  Chapter 88, Family Code, commits an offense if the person possesses
  a firearm after receiving notice of the order and before expiration
  of the order.
         (c-1)  It is a defense to prosecution under Subsection (c)
  that the actor possessed the firearm for the actual discharge of
  official duties as:
               (1)  a peace officer, as defined by Section 1.07; or
               (2)  a member of the armed forces or state military
  forces, as defined by Section 431.001, Government Code.
         (c-2)  A person commits an offense if, after receiving notice
  that the person is subject to an extreme risk protective order
  issued under Subchapter D, Chapter 7B, Code of Criminal Procedure,
  and before rescission or expiration of the order, the person
  purchases, owns, possesses, or controls a firearm in violation of
  the order.
         (e)  An offense under Subsection (a) is a felony of the third
  degree. An offense under Subsection (a-1), (b), [or] (c), or (c-2)
  is a Class A misdemeanor.
         SECTION 4.13.  Not later than October 1, 2023, the
  Department of Public Safety shall adopt rules as required by
  Section 411.0522, Government Code, as added by this article.
         SECTION 4.14.  The change in law made by this article
  relating to the contents of a protective order or a magistrate's
  order for emergency protection applies to an order issued on or
  after the effective date of this Act. An order issued before that
  date is governed by the law as it existed immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 4.15.  Section 46.04, Penal Code, as amended by this
  article, applies only to an offense committed on or after the
  effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense occurred before that date.
  ARTICLE 5.  EFFECTIVE DATE
         SECTION 5.01.  This Act takes effect September 1, 2023.