HBA-JRA H.B. 821 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 821 By: Tillery Public Safety 3/10/1999 Introduced BACKGROUND AND PURPOSE Currently, judges in Texas do not have the authority to suspend the concealed handgun license of a person when issuing a protective order against them. As a matter of practice, the Department of Pubic Safety revokes these licenses when such an order is issued but the revocation involves a thirtyday response period and administrative appeals process. H.B. 821 authorizes a court to contemporaneously suspend the concealed handgun license of a person found to have committed family violence for the duration of the protective order. The notice and hearing due process requirement is met during the protective order procedure. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 85.022, Family Code, by adding Subsection (d), to authorize a court, in a protective order, to suspend a license to carry a concealed handgun issued under Section 411.177, Government Code, held by a person found to have committed family violence. SECTION 2. Amends Section 85.042, Family Code, by adding Subsection (e), as follows: (e) Requires the clerk of the issuing court to send a copy of an original or modified protective order that suspends a license to carry a concealed handgun to the appropriate division of the Department of Public Safety (department) at its Austin headquarters. Requires the department, on receipt of the order, to record the suspension of the license, report the suspension to local law enforcement agencies, as appropriate, and to demand surrender of the suspended license from the license holder. SECTION 3. Amends Sections 411.187(a) and (c), Government Code, to specify that a license may be suspended for the duration of or the period specified by the protective order issued under Title 4, Family Code, if the person's license is subject to suspension for committing family violence. Makes conforming changes. SECTION 4. (a) Provides that, 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 Section 411.187, Government Code, as set out in Section 3 of this Act, gives effect to changes made by Chapter 1261, Acts of the 75th Legislature, Regular Session, 1997, which amended Section 13(a) and (c) of Vernon's Annotated Civil Statutes, Article 4413(29ee) (now this section). (b) Provides that, to the extent of any conflict, this Act prevails over another Act of the 76th Legislature, Regular Session, 1999, relating to nonsubstantive additions to or correction in enacted codes. SECTION 5. Effective date: September 1, 1999. Makes application of Section 85.022, Family Code, and Section 411.187, Government Code, as amended by this Act, prospective. SECTION 6. Emergency clause.