By Tillery H.B. No. 821
76R2441 KLA-D
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. Sections 411.187(a) and (c), Government Code, are
2-2 amended to read as follows:
2-3 (a) A license may be suspended under this section if the
2-4 license holder:
2-5 (1) is charged with the commission of a Class A or
2-6 Class B misdemeanor or an offense under Section 42.01, Penal Code,
2-7 or of a felony under an information or indictment;
2-8 (2) fails to display a license as required by Section
2-9 411.205;
2-10 (3) fails to notify the department of a change of
2-11 address or name as required by Section 411.181;
2-12 (4) carries a concealed handgun under the authority of
2-13 this subchapter of a different category than the license holder is
2-14 licensed to carry; [or]
2-15 (5) fails to return a previously issued license after
2-16 a license is modified as required by Section 411.184(d); or
2-17 (6) commits an act of family violence and is the
2-18 subject of an active protective order rendered under Title 4,
2-19 Family Code.
2-20 (c) A license may be suspended under this section:
2-21 (1) for 30 days, if the person's license is subject to
2-22 suspension for a reason listed in Subsection (a)(3), (4), or (5),
2-23 except as provided by Subdivision (3);
2-24 (2) for 90 days, if the person's license is subject to
2-25 suspension for a reason listed in Subsection (a)(2), except as
2-26 provided by Subdivision (3);
2-27 (3) for not less than one year and not more than three
3-1 years if the person's license is subject to suspension for a reason
3-2 listed in Subsection (a), other than the reason listed in
3-3 Subsection (a)(1), and the person's license has been previously
3-4 suspended for the same reason; [or]
3-5 (4) until dismissal of the charges if the person's
3-6 license is subject to suspension for the reason listed in
3-7 Subsection (a)(1); or
3-8 (5) for the duration of or the period specified by the
3-9 protective order issued under Title 4, Family Code, if the person's
3-10 license is subject to suspension for the reason listed in
3-11 Subsection (a)(6).
3-12 SECTION 4. (a) In accordance with Section 311.031(c),
3-13 Government Code, which gives effect to a substantive amendment
3-14 enacted by the same legislature that codifies the amended statute,
3-15 the text of Section 411.187, Government Code, as set out in Section
3-16 3 of this Act, gives effect to changes made by Chapter 1261, Acts
3-17 of the 75th Legislature, Regular Session, 1997.
3-18 (b) To the extent of any conflict, this Act prevails over
3-19 another Act of the 76th Legislature, Regular Session, 1999,
3-20 relating to nonsubstantive additions to and corrections in enacted
3-21 codes.
3-22 SECTION 5. (a) This Act takes effect September 1, 1999.
3-23 (b) The changes in law made by this Act to Section 85.022,
3-24 Family Code, and Section 411.187, Government Code, apply only to an
3-25 act of family violence committed on or after the effective date of
3-26 this Act.
3-27 SECTION 6. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.