SRC-JJJ C.S.S.B. 588 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 588
76R7066 KLA-DBy: Nelson
Criminal Justice
2/25/1999
Committee Report (Substituted)


DIGEST 

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.
This bill suspends the license to carry a concealed handgun issued to a
person who commits family violence.  

PURPOSE

As proposed, C.S.S.B. 588 suspends a license to carry a concealed handgun
issued to a person who commits family violence.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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, 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 a protective order  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 receipt of 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.  Establishes that certain definitions have the meanings assigned
by Chapter 71, rather than Section 71.01, 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 DPS at its Austin
headquarters.  Sets forth requirements for DPS upon receipt of 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, 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, 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 Section
411.187, Government Code, as set out in SECTION 5 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 this Act prospective.

SECTION 9.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 5. 

Adds Subsection (i) to Section 411.180, Government Code, to establish that
this section does not apply to a suspension of a license under certain
sections.   

SECTION 6-9.

 Redesignated from SECTIONS 5-8.