1-1                                   AN ACT
 1-2     relating to protective orders and the protection of victims of
 1-3     family violence.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 17.292, Code of Criminal Procedure, is
 1-6     amended to read as follows:
 1-7           Art. 17.292.  MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.
 1-8     (a)  At a defendant's appearance before a magistrate after arrest
 1-9     for an offense involving family violence or an offense under
1-10     Section 42.072, Penal Code, the magistrate may issue an order for
1-11     emergency protection on the magistrate's own motion or on the
1-12     request of:
1-13                 (1)  the victim of the offense;
1-14                 (2)  the guardian of the victim;
1-15                 (3)  a peace officer; or
1-16                 (4)  the attorney representing the state.
1-17           (b)  At a defendant's appearance before a magistrate after
1-18     arrest for an offense involving family violence, the magistrate
1-19     shall issue an order for emergency protection if the arrest is for
1-20     an offense that also involves:
1-21                 (1)  serious bodily injury to the victim; or
1-22                 (2)  the use or exhibition of a deadly weapon during
1-23     the commission of an assault.
1-24           (c)  The magistrate in the order for emergency protection may
 2-1     prohibit the arrested party from:
 2-2                 (1)  committing:
 2-3                       (A)  family violence or an assault on the person
 2-4     protected under the order; or
 2-5                       (B)  an act in furtherance of an offense under
 2-6     Section 42.072, Penal Code;
 2-7                 (2)  communicating:
 2-8                       (A)  directly with a member of the family or
 2-9     household or with the person protected under the order in a
2-10     threatening or harassing manner; or
2-11                       (B)  a threat through any person to a member of
2-12     the family or household or to the person protected under the order;
2-13     or
2-14                 (3)  going to or near:
2-15                       (A)  the residence, place of employment, or
2-16     business of a member of the family or household or of the person
2-17     protected under the order; or
2-18                       (B)  the residence, child care facility, or
2-19     school where a child protected under the order resides or attends.
2-20           (d) [(c)]  The victim of the offense need not be present in
2-21     court when the order for emergency protection is issued.
2-22           (e) [(d)]  In the order for emergency protection the
2-23     magistrate shall specifically describe the prohibited locations and
2-24     the minimum distances, if any, that the party must maintain, unless
2-25     the magistrate determines for the safety of the person or persons
2-26     protected by the order that specific descriptions of the locations
2-27     should be omitted.
 3-1           (f) [(e)]  To the extent that a condition imposed by an order
 3-2     for emergency protection issued under this article conflicts with
 3-3     an existing court order granting possession of or access to a
 3-4     child, the condition imposed under this article prevails for the
 3-5     duration of the order for emergency protection.
 3-6           (g) [(f)]  An order for emergency protection issued under
 3-7     this article must contain the following statements printed in
 3-8     bold-face type or in capital letters:
 3-9           "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
3-10     BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
3-11     CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
3-12     RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED
3-13     AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
3-14     PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
3-15     CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.
3-16           "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
3-17     ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
3-18     PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
3-19     VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
3-20     UNLESS A COURT CHANGES THE ORDER."
3-21           (h) [(g)]  The magistrate issuing an order for emergency
3-22     protection under this article shall send a copy of the order to the
3-23     chief of police in the municipality where the member of the family
3-24     or household or individual protected by the order resides, if the
3-25     person resides in a municipality, or to the sheriff of the county
3-26     where the person resides, if the person does not reside in a
3-27     municipality.  If the victim of the offense is not present when the
 4-1     order is issued, the magistrate issuing the order shall order an
 4-2     appropriate peace officer to make a good faith effort to notify,
 4-3     within 24 hours, the victim that the order has been issued by
 4-4     calling the victim's residence and place of employment.  The clerk
 4-5     of the court shall send a copy of the order to the victim.
 4-6           (i) [(h)]  If an order for emergency protection issued under
 4-7     this article prohibits a person from going to or near a child care
 4-8     facility or school, the magistrate shall send a copy of the order
 4-9     to the child care facility or school.
4-10           (j) [(i)]  An order for emergency protection issued under
4-11     this article is effective on issuance, and the defendant shall be
4-12     served a copy of the order in open court.  An order for emergency
4-13     protection issued under this article remains in effect until the
4-14     31st day after the date of issuance.
4-15           (k) [(j)]  To ensure that an officer responding to a call is
4-16     aware of the existence and terms of an order for emergency
4-17     protection issued under this article, each municipal police
4-18     department and sheriff shall establish a procedure within the
4-19     department or office to provide adequate information or access to
4-20     information for peace officers of the names of persons protected by
4-21     an order for emergency protection issued under this article and of
4-22     persons to whom the order is directed.  The police department or
4-23     sheriff may enter an order for emergency protection issued under
4-24     this article in the department's or office's record of outstanding
4-25     warrants as notice that the order has been issued and is in effect.
4-26           (l)  In the order for emergency protection, the magistrate
4-27     may suspend a license to carry a concealed handgun issued under
 5-1     Section 411.177, Government Code, that is held by the defendant.
 5-2           (m) [(k)]  In this article, "family," "family violence," and
 5-3     "household" have the meanings assigned by Chapter 71 [Section
 5-4     71.01], Family Code.
 5-5           SECTION 2.  Chapter 17, Code of Criminal Procedure, is
 5-6     amended by adding Article 17.293 to read as follows:
 5-7           Art. 17.293.  DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
 5-8     OTHER PERSONS.  The magistrate or the clerk of the magistrate's
 5-9     court issuing an order for emergency protection under Article
5-10     17.292 that suspends a license to carry a concealed handgun shall
5-11     immediately send a copy of the order to the appropriate division of
5-12     the Department of Public Safety at its Austin headquarters. On
5-13     receipt of the order suspending the license, the department shall:
5-14                 (1)  record the suspension of the license in the
5-15     records of the department;
5-16                 (2)  report the suspension to local law enforcement
5-17     agencies, as appropriate; and
5-18                 (3)  demand surrender of the suspended license from the
5-19     license holder.
5-20           SECTION 3.  Section 85.022, Family Code, is amended by adding
5-21     Subsection (d) to read as follows:
5-22           (d)  In a protective order, the court may suspend a license
5-23     to carry a concealed handgun issued under Section 411.177,
5-24     Government Code, that is held by a person found to have committed
5-25     family violence.
5-26           SECTION 4.  Section 85.042, Family Code, is amended by adding
5-27     Subsection (e) to read as follows:
 6-1           (e)  The clerk of the court issuing an original or modified
 6-2     protective order under Section 85.022 that suspends a license to
 6-3     carry a concealed handgun shall send a copy of the order to the
 6-4     appropriate division of the Department of Public Safety at its
 6-5     Austin headquarters.  On receipt of the order suspending the
 6-6     license, the department shall:
 6-7                 (1)  record the suspension of the license in the
 6-8     records of the department;
 6-9                 (2)  report the suspension to local law enforcement
6-10     agencies, as appropriate; and
6-11                 (3)  demand surrender of the suspended license from the
6-12     license holder.
6-13           SECTION 5.  Section 411.180, Government Code, is amended by
6-14     adding Subsection (i) to read as follows:
6-15           (i)  This section does not apply to a suspension of a license
6-16     under Section 85.022, Family Code, or Article 17.292, Code of
6-17     Criminal Procedure.
6-18           SECTION 6.  Sections 411.187(a) and (c), Government Code, are
6-19     amended to read as follows:
6-20           (a)  A license may be suspended under this section if the
6-21     license holder:
6-22                 (1)  is charged with the commission of a Class A or
6-23     Class B misdemeanor or an offense under Section 42.01, Penal Code,
6-24     or of a felony under an information or indictment;
6-25                 (2)  fails to display a license as required by Section
6-26     411.205;
6-27                 (3)  fails to notify the department of a change of
 7-1     address or name as required by Section 411.181;
 7-2                 (4)  carries a concealed handgun under the authority of
 7-3     this subchapter of a different category than the license holder is
 7-4     licensed to carry; [or]
 7-5                 (5)  fails to return a previously issued license after
 7-6     a license is modified as required by Section 411.184(d);
 7-7                 (6)  commits an act of family violence and is the
 7-8     subject of an active protective order rendered under Title 4,
 7-9     Family Code; or
7-10                 (7)  is arrested for an offense involving family
7-11     violence or an offense under Section 42.072, Penal Code, and is the
7-12     subject of an order for emergency protection issued under Article
7-13     17.292, Code of Criminal Procedure.
7-14           (c)  A license may be suspended under this section:
7-15                 (1)  for 30 days, if the person's license is subject to
7-16     suspension for a reason listed in Subsection (a)(3), (4), or (5),
7-17     except as provided by Subdivision (3);
7-18                 (2)  for 90 days, if the person's license is subject to
7-19     suspension for a reason listed in Subsection (a)(2), except as
7-20     provided by Subdivision (3);
7-21                 (3)  for not less than one year and not more than three
7-22     years if the person's license is subject to suspension for a reason
7-23     listed in Subsection (a), other than the reason listed in
7-24     Subsection (a)(1), and the person's license has been previously
7-25     suspended for the same reason; [or]
7-26                 (4)  until dismissal of the charges if the person's
7-27     license is subject to suspension for the reason listed in
 8-1     Subsection (a)(1); or
 8-2                 (5)  for the duration of or the period specified by:
 8-3                       (A)  the protective order issued under Title 4,
 8-4     Family Code, if the person's license is subject to suspension for
 8-5     the reason listed in Subsection (a)(6); or
 8-6                       (B)  the order for emergency protection issued
 8-7     under Article 17.292, Code of Criminal Procedure, if the person's
 8-8     license is subject to suspension for the reason listed in
 8-9     Subsection (a)(7).
8-10           SECTION 7.  (a)  In accordance with Section 311.031(c),
8-11     Government Code, which gives effect to a substantive amendment
8-12     enacted by the same legislature that codifies the amended statute,
8-13     the text of Sections 411.187(a) and (c), Government Code, as set
8-14     out in Section 10 of this Act, gives effect to changes made by
8-15     Chapter 1261, Acts of the 75th Legislature, Regular Session, 1997.
8-16           (b)  To the extent of any conflict, this Act prevails over
8-17     another Act of the 76th Legislature, Regular Session, 1999,
8-18     relating to nonsubstantive additions to and corrections in enacted
8-19     codes.
8-20           SECTION 8.  This Act takes effect September 1, 1999.
8-21           SECTION 9.  The importance of this legislation and the
8-22     crowded condition of the calendars in both houses create an
8-23     emergency and an imperative public necessity that the
8-24     constitutional rule requiring bills to be read on three several
8-25     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2124 was passed by the House on May
         8, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 2124 on May 26, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2124 was passed by the Senate, with
         amendments, on May 24, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor