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.