By Rodriguez, McClendon                                H.B. No. 456

         Substitute the following for H.B. No. 456:

         By McClendon                                       C.S.H.B. No. 456

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of an offense for the acquisition of a

 1-3     handgun by a person while under an active protective order, certain

 1-4     information included on or attached to a protective order, and a

 1-5     certain warning included on the protective order.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Chapter 46, Penal Code, is amended by adding

 1-8     Section 46.045 to read as follows:

 1-9           Sec. 46.045.  UNLAWFUL ACQUISITION OF HANDGUN BY PERSON UNDER

1-10     ACTIVE PROTECTIVE ORDER.  (a)  A person commits an offense if:

1-11                 (1)  a protective order is directed to the person based

1-12     on a finding that the person committed family violence; and

1-13                 (2)  while the protective order is an active protective

1-14     order, the person knowingly purchases, rents, leases, or receives

1-15     as a loan or gift from another a handgun.

1-16           (b)  In this section, "active protective order" has the

1-17     meaning assigned by Section 46.06(b)(2).

1-18           (c)  An offense under this section is a Class A misdemeanor.

1-19           SECTION 2.  Subchapter B, Chapter 85, Family Code, as added

1-20     by S.B. 797, Acts of the 75th Legislature, Regular Session, 1997,

1-21     is amended by adding Section 85.0225 to read as follows:

1-22           Sec. 85.0225.  CERTAIN INFORMATION REQUIRED TO BE INCLUDED.

1-23     A protective order issued under this subtitle must state on the

1-24     face of the order or state in an attachment to the order, to the

 2-1     extent the information is available to the court, the sex, race,

 2-2     date of birth, and personal descriptors of the party found to have

 2-3     committed family violence.

 2-4           SECTION 3.  Section 85.026, Family Code, as added by S.B.

 2-5     797, Acts of the 75th Legislature, Regular Session, 1997, is

 2-6     amended by adding Subsection (d) to read as follows:

 2-7           (d)  Each protective order issued under this subtitle, except

 2-8     a temporary ex parte order, must have the following statement

 2-9     printed in bold-faced type or in capital letters:

2-10           "A PERSON WHO IS THE SUBJECT OF THIS ORDER COMMITS A CRIMINAL

2-11     OFFENSE IN VIOLATION OF SECTION 46.045, PENAL CODE, IF, WHILE THIS

2-12     ORDER IS IN EFFECT, THE PERSON KNOWINGLY PURCHASES, RENTS, LEASES,

2-13     OR RECEIVES AS A LOAN OR GIFT FROM ANOTHER A HANDGUN.  A PERSON WHO

2-14     IS CONVICTED OF AN OFFENSE AS DESCRIBED BY THIS WARNING SHALL BE

2-15     PUNISHED BY A FINE NOT TO EXCEED $4,000, CONFINEMENT IN JAIL FOR A

2-16     TERM NOT TO EXCEED ONE YEAR, OR BOTH SUCH FINE AND CONFINEMENT."

2-17           SECTION 4.  (a)  Except as provided by Subsection (b) of this

2-18     section, this Act takes effect September 1, 1997.

2-19           (b)  The changes in law made by Sections 2 and 3 of this Act

2-20     take effect only if the 75th Legislature, at its regular session,

2-21     enacts S.B. 797 and that bill becomes law.  If the legislation does

2-22     not become law, Sections 2 and 3 of this Act have no effect.

2-23           SECTION 5.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended.