Amend HB 2124 by inserting the following new sections,
appropriately numbered:
SECTION . Section 85.022, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) In a protective order, the court may suspend a license
to carry a concealed handgun issued under Section 411.177,
Government Code, that is held by a person found to have committed
family violence.
SECTION ___ Section 85.042, Family Code, is amended by adding
Subsection (e) to read as follows:
(e) The clerk of the court issuing an original or modified
protective order under Section 85.022 that suspends a license to
carry a concealed handgun shall send a copy of the order to the
appropriate division of the Department of Public Safety at its
Austin headquarters. On receipt of the order suspending the
license, the department shall:
(1) record the suspension of the license in the
records of the department;
(2) report the suspension to local law enforcement
agencies, as appropriate; and
(3) demand surrender of the suspended license from the
license holder.
SECTION 1. Article 17.292, Code of Criminal Procedure, is
amended by amending Subsection (k) and adding Subsection (l) to
read as follows:
(k) In the order for emergency protection, the magistrate
may suspend a license to carry a concealed handgun issued under
Section 411.177, Government Code, that is held by the defendant.
(l) In this article, "family," "family violence," and
"household" have the meanings assigned by Chapter 71 <Section
71.01>, Family Code.
SECTION ____. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.293 to read as follows:
Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
OTHER PERSONS. The magistrate or the clerk of the magistrate's
court issuing an order for emergency protection under Article
17.292 that suspends a license to carry a concealed handgun shall
immediately send a copy of the order to the appropriate division of
the Department of Public Safety at its Austin headquarters. On
receipt of the order suspending the license, the department shall:
(1) record the suspension of the license in the
records of the department;
(2) report the suspension to local law enforcement
agencies, as appropriate; and
(3) demand surrender of the suspended license from the
license holder.
SECTION ____. Section 411.180, Government Code, is amended by
adding Subsection (i) to read as follows:
(i) This section does not apply to a suspension of a license
under Section 85.022, Family Code, or Article 17.292, Code of
Criminal Procedure.
SECTION ____. Sections 411.187(a) and (c), Government Code,
are amended to read as follows:
(a) A license may be suspended under this section if the
license holder:
(1) is charged with the commission of a Class A or
Class B misdemeanor or an offense under Section 42.01, Penal Code,
or of a felony under an information or indictment;
(2) fails to display a license as required by Section
411.205;
(3) fails to notify the department of a change of
address or name as required by Section 411.181;
(4) carries a concealed handgun under the authority of
this subchapter of a different category than the license holder is
licensed to carry; <or>
(5) fails to return a previously issued license after
a license is modified as required by Section 411.184(d);
(6) commits an act of family violence and is the
subject of an active protective order rendered under Title 4,
Family Code; or
(7) is arrested for an offense involving family
violence or an offense under Section 42.072, Penal Code, and is the
subject of an order for emergency protection issued under Article
17.292, Code of Criminal Procedure.
(c) A license may be suspended under this section:
(1) for 30 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(3), (4), or (5),
except as provided by Subdivision (3);
(2) for 90 days, if the person's license is subject to
suspension for a reason listed in Subsection (a)(2), except as
provided by Subdivision (3);
(3) for not less than one year and not more than three
years if the person's license is subject to suspension for a reason
listed in Subsection (a), other than the reason listed in
Subsection (a)(1), and the person's license has been previously
suspended for the same reason; <or>
(4) until dismissal of the charges if the person's
license is subject to suspension for the reason listed in
Subsection (a)(1); or
(5) for the duration of or the period specified by:
(A) the protective order issued under Title 4,
Family Code, if the person's license is subject to suspension for
the reason listed in Subsection (a)(6); or
(B) the order for emergency protection issued
under Article 17.292, Code of Criminal Procedure, if the person's
license is subject to suspension for the reason listed in
Subsection (a)(7).
SECTION _____. (a) In accordance with Section 311.031(c),
Government Code, which gives effect to a substantive amendment
enacted by the same legislature that codifies the amended statute,
the text of Sections 411.187(a) and (c), Government Code, as set
out in Section 6 of this Act, gives effect to changes made by
Chapter 1261, Acts of the 75th Legislature, Regular Session, 1997.
(b) To the extent of any conflict, this Act prevails over
another Act of the 76th Legislature, Regular Session, 1999,
relating to nonsubstantive additions to and corrections in enacted
codes.