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.