BILL ANALYSIS



S.B. 130
By: West (Greenberg)
05-04-95
Committee Report (Unamended)


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, S.B. 130 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 3 and Section 6.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 46.06(a) and (b), Penal Code, 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.  Amends Section 411.042(b), Government Code, to require
the bureau of identification and records, among other duties, to
collect information concerning the number and nature of protective
orders and all other pertinent information about all persons on
active protective orders.  Sets forth the required contents of the
law enforcement information system (system) relating to active
protective orders.

SECTION 3.  Amends Section 411.042(g), Government Code, to include
rules relating to active protective orders issued under Chapter 71,
Family Code,and reporting procedures that ensure that information
relating to the issuance of an active protective order and to the
dismissal of an active protective order is reported to the local
law enforcement agency at the time of the order's issuance or
dismissal and entered by the local law enforcement agency in the
system.

SECTION 4.  Amends Section 71.17(b), Family Code, to add the
Department of Public Safety to the list of recipients of a copy of
an original or modified protective order issued by the court.

SECTION 5.  Amends Section 71.18, Family Code, by adding
Subsection(c), to require the chief law enforcement officer to
determine whether the Department of Public Safety has an active
protective order in the computer system in addition to the criminal
check when a person is attempting to obtain a handgun.  Requires
the chief law enforcemnt officer to advise the dealer to deny a
transfer of a firearm if an active protective order is directed to
the transferee.

SECTION 6.  Requires the Department of Public Safety to establish
the rules and procedures necessary to comply with Chapter 60, Code
of Criminal Procedure, not later than January 1, 1996.

SECTION 7.  Makes application of Section 1 of this Act prospective.

SECTION 8.  Makes application of Section 5 of this Act prospective.

SECTION 9.  Effective date: September 1, 1995, except as provided
by Subsection (b).

(b)  Effective date for Sections 1 and 5: January 1, 1996.

SECTION 10.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 130 was considered by the committee in a public hearing on
April 26, 1995.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.