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.