S.B. No. 130
                                        AN ACT
    1-1  relating to creating the offense of transferring a handgun to a
    1-2  person who is the subject of a protective order and including in
    1-3  the law enforcement information system maintained by the Department
    1-4  of Public Safety information relating to protective orders.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subsections (a) and (b), Section 46.06, Penal
    1-7  Code, are amended to read as follows:
    1-8        (a)  A person commits an offense if the person <he>:
    1-9              (1)  sells, rents, leases, loans, or gives a handgun to
   1-10  any person knowing that the person to whom the handgun is to be
   1-11  delivered intends to use it unlawfully or in the commission of an
   1-12  unlawful act;
   1-13              (2)  intentionally or knowingly sells, rents, leases,
   1-14  or gives or offers to sell, rent, lease, or give to any child
   1-15  younger than 18 years any firearm, club, or illegal knife;
   1-16              (3)  intentionally, knowingly, or recklessly sells a
   1-17  firearm or ammunition for a firearm to any person who is
   1-18  intoxicated; <or>
   1-19              (4)  knowingly sells a firearm or ammunition for a
   1-20  firearm to any person who has been convicted of a felony before the
   1-21  fifth anniversary of the later of the following dates:
   1-22                    (A)  the person's release from confinement
   1-23  following conviction of the felony; or
   1-24                    (B)  the person's release from supervision under
    2-1  community supervision, parole, or mandatory supervision following
    2-2  conviction of the felony; or
    2-3              (5)  sells, rents, leases, loans, or gives a handgun to
    2-4  any person knowing that an active protective order is directed to
    2-5  the person to whom the handgun is to be delivered.
    2-6        (b)  In <For purposes of> this section:
    2-7              (1)  "Intoxicated"<, "intoxicated"> means substantial
    2-8  impairment of mental or physical capacity resulting from
    2-9  introduction of any substance into the body.
   2-10              (2)  "Active protective order" means a protective order
   2-11  issued under Chapter 71, Family Code, that is in effect.  The term
   2-12  does not include a temporary protective order issued before the
   2-13  court holds a hearing on the matter.
   2-14        SECTION 2.  Subsection (b), Section 411.042, Government Code,
   2-15  is amended to read as follows:
   2-16        (b)  The bureau of identification and records shall:
   2-17              (1)  procure and file for record photographs, pictures,
   2-18  descriptions, fingerprints, measurements, and other pertinent
   2-19  information of all persons arrested for or charged with a criminal
   2-20  offense or convicted of a criminal offense, regardless of whether
   2-21  the conviction is probated;
   2-22              (2)  collect information concerning the number and
   2-23  nature of offenses reported or known to have been committed in the
   2-24  state and the legal steps taken in connection with the offenses,
   2-25  and other information useful in the study of crime and the
   2-26  administration of justice, including a statistical breakdown of
   2-27  those offenses in which family violence was involved;
    3-1              (3)  make ballistic tests of bullets and firearms and
    3-2  chemical analyses of bloodstains, cloth, materials, and other
    3-3  substances for law enforcement officers of the state; <and>
    3-4              (4)  cooperate with identification and crime records
    3-5  bureaus in other states and the United States Department of
    3-6  Justice; and
    3-7              (5)  collect information concerning the number and
    3-8  nature of protective orders and all other pertinent information
    3-9  about all persons on active protective orders.  Information in the
   3-10  law enforcement information system relating to an active protective
   3-11  order shall include:
   3-12                    (A)  the name, sex, race, date of birth, personal
   3-13  descriptors, address, and county of residence of the person to whom
   3-14  the order is directed;
   3-15                    (B)  any known identifying number of the person
   3-16  to whom the order is directed, including the person's social
   3-17  security number or driver's license number;
   3-18                    (C)  the name and county of residence of the
   3-19  person protected by the order;
   3-20                    (D)  the residence address and place of
   3-21  employment or business of the person protected by the order, unless
   3-22  that information is excluded from the order under Section 71.111,
   3-23  Family Code;
   3-24                    (E)  the child-care facility or school where a
   3-25  child protected by the order normally resides or which the child
   3-26  normally attends, unless that information is excluded from the
   3-27  order under Section 71.111, Family Code;
    4-1                    (F)  the relationship or former relationship
    4-2  between the person who is protected by the order and the person to
    4-3  whom the order is directed; and
    4-4                    (G)  the date the order expires.
    4-5        SECTION 3.  Subsection (g), Section 411.042, Government Code,
    4-6  is amended to read as follows:
    4-7        (g)  The department may adopt reasonable rules under this
    4-8  section relating to:
    4-9              (1)  law enforcement information systems maintained by
   4-10  the department;
   4-11              (2)  the collection, maintenance, and correction of
   4-12  records; <and>
   4-13              (3)  reports of criminal history information submitted
   4-14  to the department; and
   4-15              (4)  active protective orders issued under Chapter 71,
   4-16  Family Code, and reporting procedures that ensure that information
   4-17  relating to the issuance of an active protective order and to the
   4-18  dismissal of an active protective order is reported to the local
   4-19  law enforcement agency at the time of the order's issuance or
   4-20  dismissal and entered by the local law enforcement agency in the
   4-21  state's law enforcement information system.
   4-22        SECTION 4.  Subsection (b), Section 71.17, Family Code, is
   4-23  amended to read as follows:
   4-24        (b)  The clerk of the court issuing an original or modified
   4-25  protective order under this chapter shall send a copy of the order
   4-26  to:
   4-27              (1)  the Department of Public Safety on the date the
    5-1  order is issued; and
    5-2              (2)  the chief of police of the city where the member
    5-3  of the family or household protected by the order resides, if the
    5-4  person resides in a city, or to the sheriff of the county where the
    5-5  person resides, if the person does not reside in a city.
    5-6        SECTION 5.  Section 71.18, Family Code, is amended by adding
    5-7  Subsection (c) to read as follows:
    5-8        (c)  On receipt of a request for law enforcement information
    5-9  system record check of a prospective transferee by a licensed
   5-10  firearms dealer under the Brady Handgun Violence Prevention Act, 18
   5-11  U.S.C. Section 922, the chief law enforcement officer shall
   5-12  determine whether the Department of Public Safety has in the
   5-13  department's law enforcement information system a record indicating
   5-14  the existence of an active protective order directed to the
   5-15  prospective transferee.  If the department's law enforcement
   5-16  information system indicates the existence of an active protective
   5-17  order directed to the prospective transferee, the chief law
   5-18  enforcement officer shall immediately advise the dealer that the
   5-19  transfer is prohibited.
   5-20        SECTION 6.  The Department of Public Safety shall establish
   5-21  the rules and procedures necessary to comply with Section 411.042,
   5-22  Government Code, as amended by this Act, not later than January 1,
   5-23  1996.
   5-24        SECTION 7.  (a)  The change in law made by Section 1 of this
   5-25  Act to Section 46.06, Penal Code, applies only to an offense
   5-26  committed on or after January 1, 1996.  For purposes of this
   5-27  section, an offense is committed before January 1, 1996, if any
    6-1  element of the offense occurs before that date.
    6-2        (b)  An offense committed before January 1, 1996, is covered
    6-3  by the law in effect when the offense was committed, and the former
    6-4  law is continued in effect for this purpose.
    6-5        SECTION 8.  The change in law made by Section 5 of this Act
    6-6  to Section 71.18, Family Code, applies only to a request for a law
    6-7  enforcement information system record check made on or after
    6-8  January 1, 1996.  A request for a law enforcement information
    6-9  system record check made before January 1, 1996, is covered by the
   6-10  law in effect when the request was made, and the former law is
   6-11  continued in effect for this purpose.
   6-12        SECTION 9.  (a)  Except as provided by Subsection (b) of this
   6-13  section, this Act takes effect September 1, 1995.
   6-14        (b)  Sections 1 and 5 of this Act take effect January 1,
   6-15  1996.
   6-16        SECTION 10.  The importance of this legislation and the
   6-17  crowded condition of the calendars in both houses create an
   6-18  emergency and an imperative public necessity that the
   6-19  constitutional rule requiring bills to be read on three several
   6-20  days in each house be suspended, and this rule is hereby suspended.