By Hamric H.B. No. 2301
75R7304 JMC-F
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.06(a), Penal Code, is amended to read
1-6 as follows:
1-7 (a) A person commits an offense if the person:
1-8 (1) sells, rents, leases, loans, or gives a handgun to
1-9 any person knowing that the person to whom the handgun is to be
1-10 delivered intends to use it unlawfully or in the commission of an
1-11 unlawful act;
1-12 (2) intentionally or knowingly sells, rents, leases,
1-13 or gives or offers to sell, rent, lease, or give to any child
1-14 younger than 18 years any firearm, club, or illegal knife;
1-15 (3) intentionally, knowingly, or recklessly sells a
1-16 firearm or ammunition for a firearm to any person who is
1-17 intoxicated;
1-18 (4) knowingly sells a firearm or ammunition for a
1-19 firearm to any person who has been convicted of a felony before the
1-20 fifth anniversary of the later of the following dates:
1-21 (A) the person's release from confinement
1-22 following conviction of the felony; or
1-23 (B) the person's release from supervision under
1-24 community supervision, parole, or mandatory supervision following
2-1 conviction of the felony; [or]
2-2 (5) sells, rents, leases, loans, or gives a handgun to
2-3 any person knowing that an active protective order is directed to
2-4 the person to whom the handgun is to be delivered; or
2-5 (6) knowingly purchases, rents, leases, or receives as
2-6 a loan or gift from another a handgun while an active protective
2-7 order is directed to the actor.
2-8 SECTION 2. This Act takes effect September 1, 1997.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.