76R7066 KLA-D
By Tillery, Thompson H.B. No. 821
Substitute the following for H.B. No. 821:
By Turner of Coleman C.S.H.B. No. 821
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension of a license to carry a concealed
1-3 handgun issued to a person who commits family violence.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 85.022, Family Code, is amended by adding
1-6 Subsection (d) to read as follows:
1-7 (d) In a protective order, the court may suspend a license
1-8 to carry a concealed handgun issued under Section 411.177,
1-9 Government Code, that is held by a person found to have committed
1-10 family violence.
1-11 SECTION 2. Section 85.042, Family Code, is amended by adding
1-12 Subsection (e) to read as follows:
1-13 (e) The clerk of the court issuing an original or modified
1-14 protective order under Section 85.022 that suspends a license to
1-15 carry a concealed handgun shall send a copy of the order to the
1-16 appropriate division of the Department of Public Safety at its
1-17 Austin headquarters. On receipt of the order suspending the
1-18 license, the department shall:
1-19 (1) record the suspension of the license in the
1-20 records of the department;
1-21 (2) report the suspension to local law enforcement
1-22 agencies, as appropriate; and
1-23 (3) demand surrender of the suspended license from the
1-24 license holder.
2-1 SECTION 3. Article 17.292, Code of Criminal Procedure, is
2-2 amended by amending Subsection (k) and adding Subsection (l) to
2-3 read as follows:
2-4 (k) In the order for emergency protection, the magistrate
2-5 may suspend a license to carry a concealed handgun issued under
2-6 Section 411.177, Government Code, that is held by the defendant.
2-7 (l) In this article, "family," "family violence," and
2-8 "household" have the meanings assigned by Chapter 71 [Section
2-9 71.01], Family Code.
2-10 SECTION 4. Chapter 17, Code of Criminal Procedure, is
2-11 amended by adding Article 17.293 to read as follows:
2-12 Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
2-13 OTHER PERSONS. The magistrate or the clerk of the magistrate's
2-14 court issuing an order for emergency protection under Article
2-15 17.292 that suspends a license to carry a concealed handgun shall
2-16 immediately send a copy of the order to the appropriate division of
2-17 the Department of Public Safety at its Austin headquarters. On
2-18 receipt of the order suspending the license, the department shall:
2-19 (1) record the suspension of the license in the
2-20 records of the department;
2-21 (2) report the suspension to local law enforcement
2-22 agencies, as appropriate; and
2-23 (3) demand surrender of the suspended license from the
2-24 license holder.
2-25 SECTION 5. Section 411.180, Government Code, is amended by
2-26 adding Subsection (i) to read as follows:
2-27 (i) This section does not apply to a suspension of a license
3-1 under Section 85.022, Family Code, or Article 17.292, Code of
3-2 Criminal Procedure.
3-3 SECTION 6. Sections 411.187(a) and (c), Government Code, are
3-4 amended to read as follows:
3-5 (a) A license may be suspended under this section if the
3-6 license holder:
3-7 (1) is charged with the commission of a Class A or
3-8 Class B misdemeanor or an offense under Section 42.01, Penal Code,
3-9 or of a felony under an information or indictment;
3-10 (2) fails to display a license as required by Section
3-11 411.205;
3-12 (3) fails to notify the department of a change of
3-13 address or name as required by Section 411.181;
3-14 (4) carries a concealed handgun under the authority of
3-15 this subchapter of a different category than the license holder is
3-16 licensed to carry; [or]
3-17 (5) fails to return a previously issued license after
3-18 a license is modified as required by Section 411.184(d);
3-19 (6) commits an act of family violence and is the
3-20 subject of an active protective order rendered under Title 4,
3-21 Family Code; or
3-22 (7) is arrested for an offense involving family
3-23 violence or an offense under Section 42.072, Penal Code, and is the
3-24 subject of an order for emergency protection issued under Article
3-25 17.292, Code of Criminal Procedure.
3-26 (c) A license may be suspended under this section:
3-27 (1) for 30 days, if the person's license is subject to
4-1 suspension for a reason listed in Subsection (a)(3), (4), or (5),
4-2 except as provided by Subdivision (3);
4-3 (2) for 90 days, if the person's license is subject to
4-4 suspension for a reason listed in Subsection (a)(2), except as
4-5 provided by Subdivision (3);
4-6 (3) for not less than one year and not more than three
4-7 years if the person's license is subject to suspension for a reason
4-8 listed in Subsection (a), other than the reason listed in
4-9 Subsection (a)(1), and the person's license has been previously
4-10 suspended for the same reason; [or]
4-11 (4) until dismissal of the charges if the person's
4-12 license is subject to suspension for the reason listed in
4-13 Subsection (a)(1); or
4-14 (5) for the duration of or the period specified by:
4-15 (A) the protective order issued under Title 4,
4-16 Family Code, if the person's license is subject to suspension for
4-17 the reason listed in Subsection (a)(6); or
4-18 (B) the order for emergency protection issued
4-19 under Article 17.292, Code of Criminal Procedure, if the person's
4-20 license is subject to suspension for the reason listed in
4-21 Subsection (a)(7).
4-22 SECTION 7. (a) In accordance with Section 311.031(c),
4-23 Government Code, which gives effect to a substantive amendment
4-24 enacted by the same legislature that codifies the amended statute,
4-25 the text of Sections 411.187(a) and (c), Government Code, as set
4-26 out in Section 6 of this Act, gives effect to changes made by
4-27 Chapter 1261, Acts of the 75th Legislature, Regular Session, 1997.
5-1 (b) To the extent of any conflict, this Act prevails over
5-2 another Act of the 76th Legislature, Regular Session, 1999,
5-3 relating to nonsubstantive additions to and corrections in enacted
5-4 codes.
5-5 SECTION 8. (a) This Act takes effect September 1, 1999.
5-6 (b) The changes in law made by this Act to Section 85.022,
5-7 Family Code, and Section 411.187, Government Code, apply only to an
5-8 act of family violence committed on or after the effective date of
5-9 this Act.
5-10 (c) The change in law made by this Act to Article 17.292,
5-11 Code of Criminal Procedure, applies only to a defendant who appears
5-12 before a magistrate on or after the effective date of this Act.
5-13 SECTION 9. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended.