74R9960 PEP-F
          By Greenberg, Allen, Naishtat, et al.                  H.B. No. 368
          Substitute the following for H.B. No. 368:
          By Allen                                           C.S.H.B. No. 368
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to creating the offense of transferring a handgun to a
    1-3  person who is the subject of a protective order and including in
    1-4  records maintained by the Department of Public Safety information
    1-5  relating to protective orders.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Sections 46.06(a) and (b), Penal Code, are
    1-8  amended to read as follows:
    1-9        (a)  A person commits an offense if the person <he>:
   1-10              (1)  sells, rents, leases, loans, or gives a handgun to
   1-11  any person knowing that the person to whom the handgun is to be
   1-12  delivered intends to use it unlawfully or in the commission of an
   1-13  unlawful act;
   1-14              (2)  intentionally or knowingly sells, rents, leases,
   1-15  or gives or offers to sell, rent, lease, or give to any child
   1-16  younger than 18 years any firearm, club, or illegal knife;
   1-17              (3)  intentionally, knowingly, or recklessly sells a
   1-18  firearm or ammunition for a firearm to any person who is
   1-19  intoxicated; <or>
   1-20              (4)  knowingly sells a firearm or ammunition for a
   1-21  firearm to any person who has been convicted of a felony before the
   1-22  fifth anniversary of the later of the following dates:
   1-23                    (A)  the person's release from confinement
   1-24  following conviction of the felony; or
    2-1                    (B)  the person's release from supervision under
    2-2  community supervision, parole, or mandatory supervision following
    2-3  conviction of the felony; or
    2-4              (5)  sells, rents, leases, loans, or gives a handgun to
    2-5  any person knowing that an active protective order is directed to
    2-6  the person to whom the handgun is to be delivered.
    2-7        (b)  In <For purposes of> this section:<,>
    2-8              (1)  "Intoxicated" <"intoxicated"> means substantial
    2-9  impairment of mental or physical capacity resulting from
   2-10  introduction of any substance into the body.
   2-11              (2)  "Active protective order" means a protective order
   2-12  issued under Chapter 71, Family Code, that is in effect.  The term
   2-13  does not include a temporary protective order issued before the
   2-14  court holds a hearing on the matter.
   2-15        SECTION 2.  Section 411.042, Government Code, is amended by
   2-16  amending Subsection (b) and adding Subsection (h) to read as
   2-17  follows:
   2-18        (b)  The bureau of identification and records shall:
   2-19              (1)  procure and file for record photographs, pictures,
   2-20  descriptions, fingerprints, measurements, and other pertinent
   2-21  information of all persons arrested for or charged with a criminal
   2-22  offense or convicted of a criminal offense, regardless of whether
   2-23  the conviction is probated;
   2-24              (2)  collect information concerning the number and
   2-25  nature of offenses reported or known to have been committed in the
   2-26  state and the legal steps taken in connection with the offenses,
   2-27  and other information useful in the study of crime and the
    3-1  administration of justice, including a statistical breakdown of
    3-2  those offenses in which family violence was involved;
    3-3              (3)  make ballistic tests of bullets and firearms and
    3-4  chemical analyses of bloodstains, cloth, materials, and other
    3-5  substances for law enforcement officers of the state; <and>
    3-6              (4)  cooperate with identification and crime records
    3-7  bureaus in other states and the United States Department of
    3-8  Justice; and
    3-9              (5)  collect information relating to any active
   3-10  protective order defined by Section 46.06, Penal Code, including:
   3-11                    (A)  the name, sex, race, date of birth, address,
   3-12  and county of residence of the person to whom the order is
   3-13  directed;
   3-14                    (B)  a physical description of the person to whom
   3-15  the order is directed;
   3-16                    (C)  any known identifying number of the person
   3-17  to whom the order is directed, including the person's social
   3-18  security number or driver's license number;
   3-19                    (D)  the name and county of residence of the
   3-20  person protected by the order;
   3-21                    (E)  the residence address and place of
   3-22  employment or business of the person protected by the order, unless
   3-23  that information is excluded from the order under Section 71.111,
   3-24  Family Code;
   3-25                    (F)  the child care facility or school where a
   3-26  child protected by the order normally resides or attends, unless
   3-27  that information is excluded from the order under Section 71.111,
    4-1  Family Code;
    4-2                    (G)  the relationship or former relationship
    4-3  between the person who is protected by the order and the person to
    4-4  whom the order is directed; and
    4-5                    (H)  the cause or docket number assigned to any
    4-6  proceeding filed with the clerk of the court in connection to which
    4-7  the order is issued and the date the order expires.
    4-8        (h)  The department shall, by rule, develop reporting
    4-9  procedures that ensure that information relating to the issuance of
   4-10  an active protective order and to the dismissal of an active
   4-11  protective order is reported at the time of the order's issuance or
   4-12  dismissal.
   4-13        SECTION 3.  Section 71.17(b), Family Code, is amended to read
   4-14  as follows:
   4-15        (b)  The clerk of the court issuing an original or modified
   4-16  protective order under this chapter shall send a copy of the order
   4-17  to:
   4-18              (1)  the Department of Public Safety on the date the
   4-19  order is issued; and
   4-20              (2)  the chief of police of the city where the member
   4-21  of the family or household protected by the order resides, if the
   4-22  person resides in a city, or to the sheriff of the county where the
   4-23  person resides, if the person does not reside in a city.
   4-24        SECTION 4.  Section 71.18, Family Code, is amended by adding
   4-25  Subsection (c) to read as follows:
   4-26        (c)  On receipt of a request for a criminal record check of a
   4-27  prospective transferee by a licensed firearms dealer under the
    5-1  Brady Handgun Violence Prevention Act, 18 U.S.C. Section 922, the
    5-2  chief law enforcement officer shall determine whether the
    5-3  Department of Public Safety has collected information under Section
    5-4  411.042, Government Code, indicating the existence of an active
    5-5  protective order directed to the prospective transferee.  If the
    5-6  department has collected information indicating the existence of an
    5-7  active protective order directed to the prospective transferee, the
    5-8  chief law enforcement officer shall immediately advise the dealer
    5-9  that the transfer is prohibited.
   5-10        SECTION 5.  The Department of Public Safety shall establish
   5-11  the rules and procedures necessary to comply with Section 411.042,
   5-12  Government Code, as amended by this Act, not later than January 1,
   5-13  1996.
   5-14        SECTION 6.  (a)  The change in law made by Section 1 of this
   5-15  Act to Section 46.06, Penal Code, applies only to an offense
   5-16  committed on or after January 1, 1996.  For purposes of this
   5-17  section, an offense is committed before January 1, 1996, if any
   5-18  element of the offense occurs before that date.
   5-19        (b)  An offense committed before January 1, 1996, is covered
   5-20  by the law in effect when the offense was committed, and the former
   5-21  law is continued in effect for this purpose.
   5-22        SECTION 7.  The change in law made by Section 4 of this Act
   5-23  to Section 71.18, Family Code, applies only to a request for a
   5-24  criminal record check made on or after January 1, 1996.  A request
   5-25  for a criminal record check made before January 1, 1996, is covered
   5-26  by the law in effect when the request was made, and the former law
   5-27  is continued in effect for this purpose.
    6-1        SECTION 8.  (a)  Except as provided by Subsection (b), this
    6-2  Act takes effect September 1, 1995.
    6-3        (b)  Sections 1 and 4 of this Act take effect January 1,
    6-4  1996.
    6-5        SECTION 9.  The importance of this legislation and the
    6-6  crowded condition of the calendars in both houses create an
    6-7  emergency and an imperative public necessity that the
    6-8  constitutional rule requiring bills to be read on three several
    6-9  days in each house be suspended, and this rule is hereby suspended.