By:  Nelson, et al.                                    S.B. No. 588
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the suspension of a license to carry a concealed
 1-2     handgun issued to a person who commits family violence.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 85.022, Family Code, is amended by adding
 1-5     Subsection (d) to read as follows:
 1-6           (d)  In a protective order, the court may suspend a license
 1-7     to carry a concealed handgun issued under Section 411.177,
 1-8     Government Code, that is held by a person found to have committed
 1-9     family violence.
1-10           SECTION 2.  Section 85.042, Family Code, is amended by adding
1-11     Subsection (e) to read as follows:
1-12           (e)  The clerk of the court issuing an original or modified
1-13     protective order under Section 85.022 that suspends a license to
1-14     carry a concealed handgun shall send a copy of the order to the
1-15     appropriate division of the Department of Public Safety at its
1-16     Austin headquarters.  On receipt of the order suspending the
1-17     license, the department shall:
1-18                 (1)  record the suspension of the license in the
1-19     records of the department;
1-20                 (2)  report the suspension to local law enforcement
1-21     agencies, as appropriate; and
1-22                 (3)  demand surrender of the suspended license from the
1-23     license holder.
1-24           SECTION 3.  Article 17.292, Code of Criminal Procedure, is
 2-1     amended by amending Subsection (k) and adding Subsection (l) to
 2-2     read as follows:
 2-3           (k)  In the order for emergency protection, the magistrate
 2-4     may suspend a license to carry a concealed handgun issued under
 2-5     Section 411.177, Government Code, that is held by the defendant.
 2-6           (l)  In this article, "family," "family violence," and
 2-7     "household" have the meanings assigned by Chapter 71 [Section
 2-8     71.01], Family Code.
 2-9           SECTION 4.  Chapter 17, Code of Criminal Procedure, is
2-10     amended by adding Article 17.293 to read as follows:
2-11           Art. 17.293.  DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
2-12     OTHER PERSONS.  The magistrate or the clerk of the magistrate's
2-13     court issuing an order for emergency protection under Article
2-14     17.292 that suspends a license to carry a concealed handgun shall
2-15     immediately send a copy of the order to the appropriate division of
2-16     the Department of Public Safety at its Austin headquarters.  On
2-17     receipt of the order suspending the license, the department shall:
2-18                 (1)  record the suspension of the license in the
2-19     records of the department;
2-20                 (2)  report the suspension to local law enforcement
2-21     agencies, as appropriate; and
2-22                 (3)  demand surrender of the suspended license from the
2-23     license holder.
2-24           SECTION 5.  Section 411.180, Government Code, is amended by
2-25     adding Subsection (i) to read as follows:
2-26           (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.  Subsections (a) and (c), Section 411.187,
 3-4     Government Code, are 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:
 4-1                 (1)  for 30 days, if the person's license is subject to
 4-2     suspension for a reason listed in Subsection (a)(3), (4), or (5),
 4-3     except as provided by Subdivision (3);
 4-4                 (2)  for 90 days, if the person's license is subject to
 4-5     suspension for a reason listed in Subsection (a)(2), except as
 4-6     provided by Subdivision (3);
 4-7                 (3)  for not less than one year and not more than three
 4-8     years if the person's license is subject to suspension for a reason
 4-9     listed in Subsection (a), other than the reason listed in
4-10     Subsection (a)(1), and the person's license has been previously
4-11     suspended for the same reason; [or]
4-12                 (4)  until dismissal of the charges if the person's
4-13     license is subject to suspension for the reason listed in
4-14     Subsection (a)(1); or
4-15                 (5)  for the duration of or the period specified by:
4-16                       (A)  the protective order issued under Title 4,
4-17     Family Code, if the person's license is subject to suspension for
4-18     the reason listed in Subsection (a)(6); or
4-19                       (B)  the order for emergency protection issued
4-20     under Article 17.292, Code of Criminal Procedure, if the person's
4-21     license is subject to suspension for the reason listed in
4-22     Subsection (a)(7).
4-23           SECTION 7.  (a)  In accordance with Subsection (c), Section
4-24     311.031, Government Code, which gives effect to a substantive
4-25     amendment enacted by the same legislature that codifies the amended
4-26     statute, the text of Subsections (a) and (c), Section 411.187,
 5-1     Government Code, as set out in Section 6 of this Act, gives effect
 5-2     to changes made by Chapter 1261, Acts of the 75th Legislature,
 5-3     Regular Session, 1997.
 5-4           (b)  To the extent of any conflict, this Act prevails over
 5-5     another Act of the 76th Legislature, Regular Session, 1999,
 5-6     relating to nonsubstantive additions to and corrections in enacted
 5-7     codes.
 5-8           SECTION 8.  (a)  This Act takes effect September 1, 1999.
 5-9           (b)  The changes in law made by this Act to Section 85.022,
5-10     Family Code, and Section 411.187, Government Code, apply only to an
5-11     act of family violence committed on or after the effective date of
5-12     this Act.
5-13           (c)  The change in law made by this Act to Article 17.292,
5-14     Code of Criminal Procedure, applies only to a defendant who appears
5-15     before a magistrate on or after the effective date of this Act.
5-16           SECTION 9.  The importance of this legislation and the
5-17     crowded condition of the calendars in both houses create an
5-18     emergency and an imperative public necessity that the
5-19     constitutional rule requiring bills to be read on three several
5-20     days in each house be suspended, and this rule is hereby suspended.