74(R) HB 368 House Committee Report

                          BILL ANALYSIS



C.S.H.B. 368
By: Greenberg
04-25-95
Committee Report (Substituted)


BACKGROUND

According to the Bureau of Justice, firearms were used in 42
percent of all family-related murders and 53 percent of all spouses
murdered by a partner were killed with a firearm.  Victims of
domestic violence who leave their abusers often obtain protective
orders against the abuser.

This past year the Austin Police Department established a program
in which gun shop owners voluntarily refuse to sell guns to persons
with an active protective order filed against them.  Testimony
taken by the Interim Committee on Domestic Violence indicated the
program has been successful.  Currently, protective orders are not
included in the Brady Bill.

PURPOSE

As proposed, H.B. 368 requires a person to be denied transfer of a
firearm and adds a penalty for a person who transfers a firearm if
the person is the subject of an active protective order.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants
additional rulemaking authority to the Texas Department of Public
Safety in Section 2 of the bill and Section 5 of the bill which
makes it possible for the Department to comply with Section
411.042, Subsection (h), Government Code.

SECTION BY SECTION ANALYSIS

SECTION  1.   Sections 46.06(a) and (b), Penal Code are amended as
follows:
     (a) Adds to the list of weapons transfer offenses a person who
sells, rents leases, loans, or gives a handgun to any person
knowing that an active protective order is directed to the person
to whom the handgun is to be delivered.
     (b) Defines "active protective order" and makes a
nonsubstantive change.

SECTION  2.   Subsection (b) 411.042, of the Government Code, is
amended regarding duties of the bureau of identification and
records by adding subsections (5)(A), (5)(B), (5)(C), (5)(D),
(5)(E), (5)(F), (5)(G), (5)(H) and subsection (h) is added as
follows:
     (5) collecting information relating to protective orders as
defined by the Penal Code, including:
     (A) name, sex, race, date of birth, address and county of
residence of person to whom the protective order is directed;
     (B) physical description of person to whom protective order is
directed;
     (C) identifying numbers of person to whom protective order is
directed, including social security number or driver's license
number;
     (D) name and county of residence of the person protected by
the order;
     (E) residence address and place of employment or business of
person protected by the order, unless the information is excluded
under the Family Code;
     (F) child care facility or school where a child protected by
the order resides or attends, unless the information is excluded
under the Family Code;
     (G) relationship or former relationship between person
protected and person to whom the order is directed;
     (H) cause or docket number assigned to a proceeding filed with
the clerk of the court in connection to which the order is issued
and the date the order expires.

     (h) States the department shall, by rule, develop reporting
procedures to ensure that information relating to issuance of
protective orders and to dismissal of active protective orders is
reported at time of issuance or dismissal.
     
SECTION 3.  Section 71.17 (b), of the Family Code, is amended by
adding subsection (1) to state that the clerk of the court issuing
the protective order shall send a copy to the Department of Public
Safety on the date the order is issued and renumbering existing
section as (2).

SECTION 4.  Section 71.18, of the Family Code, is amended by adding
subsection (c), which states that a criminal record check has to be
performed, under the Brady Handgun Violence Prevention Act, for a
person to which a firearm is to be transferred.  If information
collected indicates existence of a protective order the law
enforcement officer will advise the gun dealer not to sell the
firearm.  

SECTION 5.  The Department of Public Safety shall establish the
rules and procedures necessary to comply with Section 411.042,
Government Code, as amended by this Act, not later than January 1,
1996.

SECTION  6. Section (a) states that section 1. of this Act,
regarding the Penal Code, applies only to an offense committed on
or after January 1, 1996.
Section (b) states that an offense committed before January 1,
1996, is covered by the law in effect when the offense was
committed, and the former law is continued in effect for this
purpose.

SECTION  7.  States that Section 4 of this Act, regarding the
Family Code, applies only to a request for a criminal record check
made on or after January 1, 1996.  A request for criminal record
check made before January 1, 1996, is covered by the law in effect
when the request was made, and the former law is continued in
effect for this purpose.

SECTION  8.  (a) Except as provided by Subsection (b), this Act
takes effect September 1, 1995.
(b)  Section 1 and 4 of this Act take effect January 1, 1996.

SECTION  9.  Emergency Clause

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2.  Amend 411.042 subsection (b) of the Government Code by
adding (5)(A), (5)(B), (5)(C), (5)(D), (5)(E), (5)(F), (5)(G),
(5)(H) and add subsection (h) in the substitute.
Delete language regarding Article 60.01, Code of Criminal Procedure
regarding "computerized criminal history system", in the original.
SECTION 3.  Insert subsection 71.17 (b)(1), of the Family Code and
renumber existing section as (2) in the substitute.
Delete language regarding Article 60.02, Code of Criminal Procedure
in the original.
SECTION 4.  Insert subsection 71.18 (c), of the Family Code in the
substitute.
Delete language regarding Article 60.05, Code of Criminal Procedure
in the original.
SECTION 5.  Insert language regarding The Department of Public
Safety establishment of rules and procedures to comply with Section
411.042, Government Code in the substitute.
Delete language regarding Article 60.051, Code of Criminal
Procedure in the original.
SECTION 6.  Insert sections (a) and (b) which consist of conforming
language regarding Section 46.06 of the Penal Code in the
substitute.
Delete language regarding Article 60.08(a), Code of Criminal
Procedure in the original.
SECTION 7.  Insert conforming language regarding Section 71.18,
Family Code in the substitute.
Delete language regarding Section 411.082 (2), Government Code in
the original.
SECTION 8.  Insert language regarding effective date in the
substitute.
Delete language regarding Section 411.083 Government Code in the
original.
SECTION 9.  Insert Emergency Clause in the substitute.  Delete
Section 71.17(b), Family Code in the original.
SECTION 10.  Delete Section.
SECTION 11.  Delete Section.

SECTION 12.  Delete Section.
SECTION 13.  Delete Section.
SECTION 14.  Delete Section.
SECTION 15.  Delete Section.

SUMMARY OF COMMITTEE ACTION

H.B. 368 was considered by the committee in a public hearing on
April 4, 1995.
The following persons testified for the bill:
     Hannah Riddering, representing Texas National Organization for
Women.
     Leslie Lenham representing National Association of Social
Workers/Texas Chapter.
     Nina Butts, representing Texans Against Gun Violence.
     Georgie Rasco, representing Texas Council on Family Violence.
The bill was left pending.
H.B. 368 was considered by the committee in a public hearing on
April 11, 1995.  
The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.  The bill was reported
favorably as substituted, with the recommendation that it do pass
and printed, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.