By Moncrief                                      S.B. No. 242

      75R3394 JMC-D                           

                                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 or a

 1-4     magistrate's order.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 46, Penal Code, is amended by adding

 1-7     Section 46.045 to read as follows:

 1-8           Sec. 46.045.  UNLAWFUL ACQUISITION OF HANDGUN BY PERSON UNDER

 1-9     ACTIVE PROTECTIVE ORDER OR MAGISTRATE'S ORDER.  (a)  A person

1-10     commits an offense if, while an active protective order or a

1-11     magistrate's order is directed to the person, the person knowingly

1-12     purchases, rents, leases, or receives as a loan or gift from

1-13     another a handgun.

1-14           (b)  In this section:

1-15                 (1)  "Active protective order" has the meaning assigned

1-16     by Section 46.06(b)(2).

1-17                 (2)  "Magistrate's order" means an order issued under

1-18     Article 17.292, Code of Criminal Procedure.

1-19           (c)  An offense under this section is a state jail felony.

1-20           SECTION 2.  This Act takes effect September 1, 1997.

1-21           SECTION 3.  The importance of this legislation and the

1-22     crowded condition of the calendars in both houses create an

1-23     emergency and an imperative public necessity that the

1-24     constitutional rule requiring bills to be read on three several

 2-1     days in each house be suspended, and this rule is hereby suspended.