HBA-DMD S.B. 588 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 588
By: Nelson
Public Safety
5/2/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, Texas law prohibits a person currently restricted under a court
protective order from carrying a concealed handgun. The 74th Legislature
made it a crime to knowingly purchase, rent, lease, or receive as a loan or
gift a handgun while there was a protective order directed to the person.
S.B. 588 suspends the license to carry a concealed handgun (license) issued
to a person who commits family violence. This bill requires a copy of the
order suspending the license to be sent to the Department of Public Safety. 

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 under Section 411.117 (Issuance or Denial of License),
Government Code, that is held by a person found to have committed family
violence. 

SECTION 2.  Amends Section 85.042, Family Code, by adding Subsection (e),
to require the clerk of the court issuing an original or modified
protective order under Section 85.022 (Requirements of Order Applying to
Person Who Committed Family Violence), Family Code, that suspends a license
to carry a concealed handgun to send a copy of the order to the appropriate
division of Department of Public Safety (DPS) at its Austin headquarters.
Sets forth requirements for DPS upon receiving the order suspending the
license. 

SECTION 3.  Amends Article 17.292, Code of Criminal Procedure, by amending
Subsection (k) and adding Subsection (l), to authorize the magistrate to
suspend a license to carry a concealed handgun that is held by the
defendant, in the order for emergency protection. Establishes that
"family," "family violence," and "household" have the meanings assigned by
Chapter 71 (Definitions), rather than Section 71.01 (Repealed), Family
Code. Makes a conforming change. 

SECTION 4.  Amends Chapter 17, Code of Criminal Procedure, by adding
Article 17.293, as follows: 

Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO OTHER PERSONS.
Requires the magistrate or clerk of the magistrate's court issuing an order
for emergency protection that suspends a license to carry a concealed
handgun to immediately send a copy of the order to the appropriate division
of DPS at its Austin headquarters. Sets forth requirements for DPS upon
receiving the order suspending the license. 

SECTION 5.  Amends Section 411.180, Government Code,  to establish that
this section does not apply to a suspension of a license under Section
85.022, Family Code, or Article 17.292 (Magistrate's Order for Emergency
Protection), Code of Criminal Procedure.   

SECTION 6.  Amends Sections 411.187(a) and (c), Government Code, to
authorize a license to be suspended under this section if the license
holder commits an act of family violence and is the  subject of an active
protective order rendered under Title 4 (Protection of the Family), Family
Code, or is arrested for certain offenses involving family violence and is
the subject of an order for emergency protection.  Authorizes a license to
be suspended under this section for the duration of or the period specified
by certain orders.  Makes conforming changes. 

SECTION 7.  (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
Subsections (a) and (c), Section 411.187, 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) 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 and corrections in enacted codes. 

SECTION 8.Effective date: September 1, 1999.
           Makes application of Section 85.022, Family Code, Section
411.187, Government Code, and Article 17.292, Code of Criminal Procedure,
of this Act prospective. 

SECTION 9.Emergency clause.