# 88(R) HB 3996 - Introduced version - Bill Text Details Category: [Legislation](/research/legislation) Last Updated: Wednesday, March 8th 2023 - [ Ammunition ](/content-tags/ammunition) ![88(R) HB 3996 - Introduced version - Bill Text](https://cdn.carry-texas.com/images/pexels-alex-kviatkouski-6312998.webp) - [88(R) HB 3996 - Introduced version - Bill Text](https://capitol.texas.gov/tlodocs/88R/billtext/html/HB03996I.htm) Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties. | | 88R4245 AJZ/JRR-F | |---|---| | | | | By: Bryant | H.B. No. 3996 | | | |---| | | | | A BILL TO BE ENTITLED | | | AN ACT | | | relating to regulating certain firearm transfers, possession of | | | certain firearms, and protective orders prohibiting possession of a | | | firearm; creating criminal offenses; increasing criminal | | | penalties. | | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | | | ARTICLE 1. GENERAL PROVISIONS | | | SECTION 1.01. SHORT TITLE. This Act shall be known as the | | | Robb Elementary Firearm Safety Act. | | | SECTION 1.02. PURPOSE. The purpose of this Act is to ensure | | | the State of Texas is meeting its responsibility to protect the | | | health and safety of all Texans by enacting common sense, | | | evidence-based firearm safety laws. Texans deserve to live free | | | from the threat and fear of firearm violence. | | | SECTION 1.03. FINDINGS. The legislature finds that: | | | (1) the State of Texas mourns the loss of 19 innocent | | | children and two teachers in a senseless attack on Robb Elementary | | | School in Uvalde, Texas, on May 24, 2022; | | | (2) the shooting at Robb Elementary School is the | | | second deadliest school shooting in the history of the United | | | States; | | | (3) the victims of the attack are Makenna Lee Elrod, | | | 10; Layla Salazar, 11; Maranda Mathis, 11; Nevaeh Bravo, 10; Jose | | | Manuel Flores, Jr., 10; Xavier Lopez, 10; Tess Marie Mata, 10; | | | Rojelio Torres, 10; Eliahna "Ellie" Amyah Garcia, 9; Eliahna | | | A. Torres, 10; Annabell Guadalupe Rodriguez, 10; Jackie Cazares, 9; | | | Uziyah Garcia, 10; Jayce Carmelo Luevanos, 10; Maite Yuleana | | | Rodriguez, 10; Jailah Nicole Silguero, 10; Amerie Jo Garza, 10; | | | Alexandria "Lexi" Aniyah Rubio, 10; Alithia Ramirez, 10; Irma | | | Garcia, fourth grade teacher; and Eva Mireles, fourth grade | | | teacher; | | | (4) three of the ten deadliest mass shootings in | | | modern United States history have occurred in Texas in the past five | | | years; | | | (5) the following mass shootings have occurred in | | | Texas: | | | (A) 26 people were killed in Sutherland Springs, | | | Texas, in 2017; | | | (B) 23 people were killed in Killeen, Texas, in | | | 1991; | | | (C) 23 people were killed in El Paso, Texas, in | | | 2019; | | | (D) 21 people were killed in Uvalde, Texas, in | | | 2022; | | | (E) 17 people were killed at The University of | | | Texas at Austin in 1966; | | | (F) 13 people were killed in Killeen, Texas, in | | | 2009; and | | | (G) 10 people were killed in Santa Fe, Texas, in | | | 2018; | | | (6) firearm homicide rates for children under 18 have | | | more than doubled in Texas between 2014 and 2020; | | | (7) from 2015 to 2020, Texas lost 572 children to | | | firearm homicides, more than any other state; and | | | (8) overall firearm homicide rates in Texas have | | | increased 66 percent from 2014 to 2020. | | | ARTICLE 2. UNLAWFUL POSSESSION AND TRANSFER OF CERTAIN ASSAULT | | | WEAPONS | | | SECTION 2.01. Chapter 46, Penal Code, is amended by adding | | | Section 46.055 to read as follows: | | | Sec. 46.055. UNLAWFUL POSSESSION OF ASSAULT WEAPON. (a) In | | | this section, "assault weapon" means: | | | (1) a semiautomatic centerfire rifle that has the | | | capacity to accept a detachable magazine and has: | | | (A) a pistol grip that protrudes conspicuously | | | beneath the action of the firearm; | | | (B) a folding or telescoping stock; | | | (C) a thumbhole stock; | | | (D) a second handgrip or a protruding grip that | | | can be held by the non-trigger hand; | | | (E) a flash suppressor; or | | | (F) a grenade launcher or flare launcher; | | | (2) a semiautomatic centerfire rifle that has a fixed | | | magazine that holds more than 10 rounds of ammunition; | | | (3) a semiautomatic centerfire rifle that has an | | | overall length of less than 30 inches; | | | (4) a semiautomatic shotgun that has the capacity to | | | accept a detachable magazine; | | | (5) a semiautomatic shotgun that has a folding or | | | telescoping stock and has: | | | (A) a thumbhole stock; or | | | (B) a second handgrip or a protruding grip that | | | can be held by the non-trigger hand; | | | (6) a semiautomatic pistol that has the capacity to | | | accept a detachable magazine and has: | | | (A) a second handgrip or a protruding grip that | | | can be held by the non-trigger hand; | | | (B) an ammunition magazine that attaches to the | | | pistol outside of the pistol grip; | | | (C) a threaded barrel capable of accepting a | | | flash suppressor, forward handgrip, or silencer; or | | | (D) a shroud that is attached to or partially or | | | completely encircles the barrel and that permits the shooter to | | | hold the firearm with the non-trigger hand without being burned; | | | (7) a semiautomatic pistol that has a fixed magazine | | | that holds more than 10 rounds of ammunition; | | | (8) a revolving cylinder shotgun; or | | | (9) a conversion kit, part, or combination of parts | | | from which an assault weapon can be assembled or with which a | | | firearm may be converted into a weapon described by Subdivision | | | (1), (2), (3), (4), (5), (6), (7), or (8). | | | (b) A person who is younger than 21 years of age commits an | | | offense if the person knowingly possesses an assault weapon. | | | (c) An offense under this section is a state jail felony. | | | (d) It is a defense to prosecution under this section that: | | | (1) the actor possessed the assault weapon for the | | | actual discharge of official duties as: | | | (A) a peace officer, as defined by Section 1.07; | | | or | | | (B) a member of the armed forces or state | | | military forces, as defined by Section 431.001, Government Code; or | | | (2) the actor lawfully possessed the assault weapon on | | | August 31, 2023. | | | (e) This section does not apply to an assault weapon that | | | has been rendered permanently inoperable. | | | (f) If conduct that constitutes an offense under this | | | section also constitutes an offense under any other law, the actor | | | may be prosecuted under this section, the other law, or both. | | | SECTION 2.02. Section 46.06, Penal Code, is amended by | | | amending Subsections (a), (c), and (d) and adding Subsections (c-1) | | | and (e) to read as follows: | | | (a) A person commits an offense if the person: | | | (1) sells, rents, leases, loans, or gives a handgun to | | | any person knowing that the person to whom the handgun is to be | | | delivered intends to use it unlawfully or in the commission of an | | | unlawful act; | | | (2) intentionally or knowingly sells, rents, leases, | | | or gives or offers to sell, rent, lease, or give: | | | (A) a \[to any child younger than 18 years of age | | | any firearm,\] club, \[or\] location-restricted knife, or firearm | | | other than an assault weapon to a person younger than 18 years of | | | age; or | | | (B) an assault weapon to a person younger than 21 | | | years of age; | | | (3) intentionally, knowingly, or recklessly sells a | | | firearm or ammunition for a firearm to any person who is | | | intoxicated; | | | (4) knowingly sells a firearm or ammunition for a | | | firearm to any person who has been convicted of a felony before the | | | fifth anniversary of the later of the following dates: | | | (A) the person's release from confinement | | | following conviction of the felony; or | | | (B) the person's release from supervision under | | | community supervision, parole, or mandatory supervision following | | | conviction of the felony; | | | (5) sells, rents, leases, loans, or gives a firearm | | | \[handgun\] to any person knowing that an active protective order is | | | directed to the person to whom the firearm \[handgun\] is to be | | | delivered; | | | (6) knowingly purchases, rents, leases, or receives as | | | a loan or gift from another a firearm \[handgun\] while an active | | | protective order is directed to the actor; or | | | (7) while prohibited from possessing a firearm under | | | state or federal law, knowingly makes a material false statement on | | | a form that is: | | | (A) required by state or federal law for the | | | purchase, sale, or other transfer of a firearm; and | | | (B) submitted to a \[licensed\] firearms dealer | | | licensed under \[, as defined by\] 18 U.S.C. Section 923. | | | (c) It is an affirmative defense to prosecution under | | | Subsection (a)(2)(A) \[(a)(2)\] that the transfer was to a minor | | | whose parent or the person having legal custody of the minor had | | | given written permission for the sale or, if the transfer was other | | | than a sale, the parent or person having legal custody had given | | | effective consent. | | | (c-1) It is a defense to prosecution under Subsection | | | (a)(2)(B), (a)(5), or (a)(6) that the transfer was to a person who | | | provided evidence to the actor that the person is: | | | (1) a peace officer, as defined by Section 1.07; or | | | (2) a member of the armed forces or state military | | | forces, as defined by Section 431.001, Government Code. | | | (d) An offense under this section is a Class A misdemeanor, | | | except that: | | | (1) an offense under Subsection (a)(2)(A) \[(a)(2)\] is | | | a state jail felony if the weapon that is the subject of the offense | | | is a handgun; \[and\] | | | (2) an offense under Subsection (a)(2)(B) or (a)(7) is | | | a state jail felony; and | | | (3) an offense under Subsection (a)(5) or (a)(6) is a | | | state jail felony if the weapon that is the subject of the offense | | | is an assault weapon. | | | (e) If conduct that constitutes an offense under this | | | section also constitutes an offense under any other law, the actor | | | may be prosecuted under this section, the other law, or both. | | | SECTION 2.03. Section 46.06(b), Penal Code, is amended by | | | adding Subdivision (3) to read as follows: | | | (3) "Assault weapon" has the meaning assigned by | | | Section 46.055. | | | SECTION 2.04. The change in law made by this article applies | | | only to an offense committed on or after the effective date of this | | | Act. An offense committed before the effective date of this Act is | | | governed by the law in effect on the date the offense was committed, | | | and the former law is continued in effect for that purpose. For | | | purposes of this section, an offense was committed before the | | | effective date of this Act if any element of the offense occurred | | | before that date. | | | ARTICLE 3. REGULATION OF FIREARM TRANSFERS | | | SECTION 3.01. Title 6, Business & Commerce Code, is amended | | | by adding Chapter 205 to read as follows: | | | CHAPTER 205. REGULATION OF FIREARM TRANSFERS | | | SUBCHAPTER A. GENERAL PROVISIONS | | | Sec. 205.001. DEFINITIONS. In this chapter: | | | (1) "Firearm" has the meaning assigned by Section | | | 46.01, Penal Code. | | | (2) "Licensed firearms dealer" means a person who is | | | licensed as a firearms dealer under 18 U.S.C. Section 923. | | | SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR | | | PRIVATE FIREARM TRANSFERS | | | Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK | | | REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or | | | otherwise transfer a firearm to another person unless: | | | (1) the person is a licensed firearms dealer; | | | (2) the person sells or transfers the firearm to a | | | licensed firearms dealer; or | | | (3) before the firearm is delivered to the person to | | | whom the firearm is being sold or transferred, the person selling or | | | transferring the firearm delivers the firearm to a licensed | | | firearms dealer to retain possession of the firearm until the | | | dealer conducts a national instant criminal background check in the | | | manner required by 18 U.S.C. Section 922 and verifies that the | | | person to whom the firearm is being sold or transferred may lawfully | | | possess a firearm. | | | Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a | | | licensed firearms dealer receives a firearm under Section | | | 205.051(3), the dealer shall conduct a national instant criminal | | | background check in the manner required by 18 U.S.C. Section 922 to | | | verify that the person to whom the firearm is being sold or | | | transferred may lawfully possess a firearm. | | | (b) If a licensed firearms dealer determines that the person | | | to whom the firearm is being sold or transferred may not lawfully | | | possess a firearm, the dealer shall return the firearm to the person | | | selling or transferring the firearm. | | | (c) If a licensed firearms dealer determines that the person | | | to whom the firearm is being sold or transferred may lawfully | | | possess a firearm, the dealer shall transfer the firearm as | | | directed by the person selling or transferring the firearm. | | | (d) A licensed firearms dealer to whom a firearm is | | | delivered under Section 205.051(3) may collect a reasonable fee | | | from the person who is selling or transferring the firearm. | | | Sec. 205.053. EXCEPTION. This subchapter does not apply | | | to: | | | (1) a transfer of a firearm to a person by inheritance | | | or bequest on the death of the owner of the firearm; or | | | (2) a sale or other transfer of a firearm by the owner | | | of the firearm if the transferor and the transferee are related | | | within the third degree by consanguinity or within the second | | | degree by affinity as determined under Chapter 573, Government | | | Code. | | | Sec. 205.054. OFFENSE. (a) A person who violates this | | | subchapter commits an offense. | | | (b) An offense under this section is a Class A misdemeanor. | | | (c) If conduct that constitutes an offense under this | | | section also constitutes an offense under any other law, the actor | | | may be prosecuted under this section, the other law, or both. | | | SUBCHAPTER C. REQUIREMENTS FOR CERTAIN FIREARM SALES BY LICENSED | | | FIREARMS DEALERS | | | Sec. 205.101. WAITING PERIOD REQUIRED FOR CERTAIN SALES OF | | | FIREARMS; OFFENSE. (a) A licensed firearms dealer who sells a | | | firearm to a person in exchange for money or other consideration | | | commits an offense if the licensed firearms dealer delivers the | | | firearm to the person to whom the firearm is being sold before the | | | later of: | | | (1) the third business day after the date on which the | | | firearm was sold to the person; or | | | (2) the date on which the licensed firearms dealer | | | verifies, by conducting a national instant criminal background | | | check in the manner required by 18 U.S.C. Section 922, that the | | | person to whom the firearm is being sold may lawfully possess a | | | firearm. | | | (b) This section does not apply to the sale of a firearm to a | | | person who is: | | | (1) a peace officer, as defined by Section 1.07, Penal | | | Code; or | | | (2) a member of the armed forces or state military | | | forces, as defined by Section 431.001, Government Code. | | | (c) An offense under this section is a state jail felony. | | | (d) If conduct that constitutes an offense under this | | | section also constitutes an offense under any other law, the actor | | | may be prosecuted under this section, the other law, or both. | | | (e) A licensed firearms dealer shall make records of firearm | | | sales available for inspection by a law enforcement agency during | | | regular business hours. | | | ARTICLE 4. PROTECTIVE ORDERS | | | SECTION 4.01. Article 7B.005(a), Code of Criminal | | | Procedure, is amended to read as follows: | | | (a) In a protective order issued under this subchapter, the | | | court may: | | | (1) order the alleged offender to take action as | | | specified by the court that the court determines is necessary or | | | appropriate to prevent or reduce the likelihood of future harm to | | | the applicant or a member of the applicant's family or household; or | | | (2) prohibit the alleged offender from: | | | (A) communicating: | | | (i) directly or indirectly with the | | | applicant or any member of the applicant's family or household in a | | | threatening or harassing manner; or | | | (ii) in any manner with the applicant or any | | | member of the applicant's family or household except through the | | | applicant's attorney or a person appointed by the court, if the | | | court finds good cause for the prohibition; | | | (B) going to or near the residence, place of | | | employment or business, or child-care facility or school of the | | | applicant or any member of the applicant's family or household; | | | (C) engaging in conduct directed specifically | | | toward the applicant or any member of the applicant's family or | | | household, including following the person, that is reasonably | | | likely to harass, annoy, alarm, abuse, torment, or embarrass the | | | person; and | | | (D) possessing a firearm, unless the alleged | | | offender possesses the firearm for the actual discharge of the | | | alleged offender's official duties as: | | | (i) \[is\] a peace officer, as defined by | | | Section 1.07, Penal Code; or | | | (ii) a member of the armed forces or state | | | military forces, as defined by Section 431.001, Government Code\[, | | | actively engaged in employment as a sworn, full-time paid employee | | | of a state agency or political subdivision\]. | | | SECTION 4.02. Article 7B.006(a), Code of Criminal | | | Procedure, is amended to read as follows: | | | (a) Each protective order issued under this subchapter, | | | including a temporary ex parte order, must contain the following | | | prominently displayed statements in boldfaced type, in capital | | | letters, or underlined: | | | "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR | | | CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN | | | JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." | | | "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS | | | ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY | | | PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS | | | VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT | | | UNLESS A COURT CHANGES THE ORDER." | | | "IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE | | | ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO | | | POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S | | | OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07, | | | PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY | | | FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE \[ACTIVELY | | | ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE | | | AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE | | | ORDER TO POSSESS A FIREARM OR AMMUNITION\]." | | | SECTION 4.03. Chapter 7B, Code of Criminal Procedure, is | | | amended by adding Subchapter D to read as follows: | | | SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER | | | Art. 7B.151. DEFINITIONS. In this subchapter: | | | (1) "Bodily injury" and "serious bodily injury" have | | | the meanings assigned by Section 1.07, Penal Code. | | | (2) "Family," "family violence," and "household" have | | | the meanings assigned by Chapter 71, Family Code. | | | (3) "Firearm" has the meaning assigned by Section | | | 46.01, Penal Code. | | | Art. 7B.152. APPLICATION FOR EXTREME RISK PROTECTIVE ORDER. | | | (a) An application for a protective order under this subchapter may | | | be filed by: | | | (1) a member of the respondent's family or household; | | | (2) a parent, guardian, or conservator of a person who | | | is: | | | (A) under 18 years of age; and | | | (B) a member of the respondent's family or | | | household; or | | | (3) a peace officer. | | | (b) An application must: | | | (1) include: | | | (A) detailed allegations, based on personal | | | knowledge of a person described by Subsection (a), regarding any | | | dangerous behavior or conduct exhibited by the respondent, | | | including any behavior or conduct related to the respondent's use | | | of firearms; | | | (B) information concerning the quantity, type, | | | and location of any firearms the applicant believes to be in the | | | respondent's possession or control, if any; | | | (C) any other relevant facts indicating a need | | | for a protective order under this subchapter; and | | | (D) a statement that the applicant believes the | | | respondent poses an immediate and present danger of causing bodily | | | injury, serious bodily injury, or death to any person, including | | | the respondent, as a result of the respondent's access to firearms; | | | and | | | (2) be signed by the applicant under an oath that, to | | | the knowledge and belief of the applicant, the facts and | | | circumstances contained in the application are true. | | | (c) An application for a protective order under this | | | subchapter may be filed in a district court, juvenile court having | | | the jurisdiction of a district court, statutory county court, or | | | constitutional county court in the county in which the applicant or | | | the respondent resides. | | | Art. 7B.153. CONFIDENTIALITY OF CERTAIN INFORMATION. On | | | receiving an application containing specific health information | | | concerning the respondent, the court shall order the clerk to: | | | (1) strike the information from the public records of | | | the court; and | | | (2) maintain a confidential record of the information | | | for use only by the court. | | | Art. 7B.154. TEMPORARY EX PARTE ORDER. (a) If the court | | | finds from the information contained in an application for a | | | protective order under this subchapter that there is reasonable | | | cause to believe that the respondent poses an immediate and present | | | danger of causing bodily injury, serious bodily injury, or death to | | | any person, including the respondent, as a result of the | | | respondent's access to firearms, the court, without further notice | | | to the respondent and without a hearing, may issue a temporary ex | | | parte order prohibiting the respondent from purchasing, owning, | | | possessing, or controlling a firearm. | | | (b) In a temporary ex parte order, the court may order the | | | respondent to: | | | (1) not later than 24 hours after the time the order is | | | issued, relinquish any firearms owned by or in the actual or | | | constructive possession or control of the respondent to a law | | | enforcement agency for holding in the manner provided by Article | | | 18.192; and | | | (2) if applicable, surrender to the court the | | | respondent's license to carry a handgun issued under Subchapter H, | | | Chapter 411, Government Code. | | | Art. 7B.155. HEARING; ISSUANCE OF PROTECTIVE ORDER. (a) | | | Not later than the 14th day after the later of the date an | | | application is filed or the date a temporary ex parte order is | | | issued, the court shall hold a hearing on the issuance of the | | | protective order. | | | (b) The court shall provide personal notice of the hearing | | | to the respondent. | | | (c) In determining whether to issue a protective order under | | | this article, the court: | | | (1) shall consider: | | | (A) any history of threats or acts of violence by | | | the respondent directed at any person, including the respondent; | | | (B) any history of the respondent using, | | | attempting to use, or threatening to use physical force against | | | another person; | | | (C) any recent violation by the respondent of an | | | order issued: | | | (i) under another provision of Chapter 7B | | | or under Article 17.292; | | | (ii) under Section 6.504 or Chapter 85, | | | Family Code; | | | (iii) under Chapter 83, Family Code, if the | | | temporary ex parte order has been served on the respondent; or | | | (iv) by another jurisdiction as provided by | | | Chapter 88, Family Code; | | | (D) any arrest or conviction of the respondent | | | for: | | | (i) an offense under Section 42.072, Penal | | | Code; or | | | (ii) an offense involving violence, | | | including family violence; | | | (E) any conviction of the respondent for an | | | offense under Section 42.09, 42.091, or 42.092, Penal Code; and | | | (F) evidence related to the respondent's current | | | or recent abuse of a controlled substance or alcohol, not including | | | any evidence of previous treatment for or recovery from abusing a | | | controlled substance or alcohol; and | | | (2) may consider any other relevant factor including: | | | (A) any previous violation by the respondent of | | | an order described by Subdivision (1)(C); and | | | (B) evidence regarding the respondent's recent | | | acquisition of firearms, ammunition, or other deadly weapons. | | | (d) At the close of the hearing, if the court finds by clear | | | and convincing evidence that the respondent poses an immediate and | | | present danger of causing bodily injury, serious bodily injury, or | | | death to any person, including the respondent, as a result of the | | | respondent's access to firearms, the court shall issue a protective | | | order that includes a statement of the required finding. | | | (e) If the court does not make the finding described by | | | Subsection (d), the court shall, as applicable, rescind any | | | temporary ex parte order issued under Article 7B.154 and return the | | | respondent's license to carry a handgun. | | | Art. 7B.156. CONTENTS OF PROTECTIVE ORDER. In a protective | | | order issued under Article 7B.155, the court shall: | | | (1) prohibit the person who is subject to the order | | | from purchasing, owning, possessing, or controlling a firearm for | | | the duration of the order; | | | (2) order the person to: | | | (A) not later than 24 hours after the time the | | | order is issued, relinquish any firearms owned by or in the actual | | | or constructive possession or control of the person to a law | | | enforcement agency for holding in the manner provided by Article | | | 18.192; and | | | (B) if applicable, surrender to the court the | | | person's license to carry a handgun issued under Subchapter H, | | | Chapter 411, Government Code; and | | | (3) suspend a license to carry a handgun issued under | | | Subchapter H, Chapter 411, Government Code, that is held by the | | | person. | | | Art. 7B.157. DURATION OF PROTECTIVE ORDER. (a) A | | | protective order issued under Article 7B.155 is effective until the | | | first anniversary of the date the order was issued. | | | (b) The court may renew a protective order issued under | | | Article 7B.155 for a period not to exceed one year after the order's | | | original expiration date. Before renewing the order the court must | | | hold a hearing after providing personal notice of the hearing to the | | | person who is the subject of the order. | | | (c) A person who is the subject of a protective order may | | | file a motion not earlier than the 91st day after the date on which | | | the order was initially issued or renewed, as applicable, | | | requesting that the court review the order and determine whether | | | there is a continuing need for the order. After a hearing on the | | | motion, if the court fails to make the finding that there is no | | | continuing need for the order, the order remains in effect until the | | | date the order expires as provided by this article. | | | (d) At a hearing to renew or rescind a protective order | | | under this article, the court shall consider the factors described | | | by Article 7B.155(c). | | | Art. 7B.158. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a) | | | Not later than 24 hours after the time a protective order is issued | | | under Article 7B.155, the clerk of the issuing court shall provide | | | the following to the Department of Public Safety: | | | (1) the complete name, race, and sex of the person who | | | is the subject of the order; | | | (2) any known identifying number of the person, | | | including a social security number, driver's license number, or | | | state identification number; | | | (3) the person's date of birth; | | | (4) if surrendered to the court, the person's license | | | to carry a handgun issued under Subchapter H, Chapter 411, | | | Government Code; and | | | (5) a copy of the order suspending the person's license | | | to carry a handgun under Subchapter H, Chapter 411, Government | | | Code. | | | (b) On receipt of an order suspending a license to carry a | | | handgun, the department shall: | | | (1) record the suspension of the license in the | | | records of the department; | | | (2) report the suspension to local law enforcement | | | agencies, as appropriate; and | | | (3) if the license was not surrendered to the court, | | | demand surrender of the suspended license from the license holder. | | | (c) Not later than the 30th day after the date the | | | protective order is rescinded or expires under Article 7B.157, the | | | clerk of the issuing court shall notify the Department of Public | | | Safety of the rescission or expiration, as applicable. | | | Art. 7B.159. APPLICATION OF OTHER LAW. To the extent | | | applicable, except as otherwise provided by this subchapter, Title | | | 4, Family Code, applies to a protective order issued under this | | | subchapter. | | | SECTION 4.04. Articles 17.292(c) and (g), Code of Criminal | | | Procedure, are amended to read as follows: | | | (c) The magistrate in the order for emergency protection may | | | prohibit the arrested party from: | | | (1) committing: | | | (A) family violence or an assault on the person | | | protected under the order; or | | | (B) an act in furtherance of an offense under | | | Section 20A.02 or 42.072, Penal Code; | | | (2) communicating: | | | (A) directly with a member of the family or | | | household or with the person protected under the order in a | | | threatening or harassing manner; | | | (B) a threat through any person to a member of the | | | family or household or to the person protected under the order; or | | | (C) if the magistrate finds good cause, in any | | | manner with a person protected under the order or a member of the | | | family or household of a person protected under the order, except | | | through the party's attorney or a person appointed by the court; | | | (3) going to or near: | | | (A) the residence, place of employment, or | | | business of a member of the family or household or of the person | | | protected under the order; or | | | (B) the residence, child care facility, or school | | | where a child protected under the order resides or attends; or | | | (4) possessing a firearm, unless the person possesses | | | the firearm for the actual discharge of the person's official | | | duties as: | | | (A) \[is\] a peace officer, as defined by Section | | | 1.07, Penal Code; or | | | (B) a member of the armed forces or state | | | military forces, as defined by Section 431.001, Government Code \[, | | | actively engaged in employment as a sworn, full-time paid employee | | | of a state agency or political subdivision\]. | | | (g) An order for emergency protection issued under this | | | article must contain the following statements printed in bold-face | | | type or in capital letters: | | | "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED | | | BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY | | | CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT | | | RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE | | | MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A | | | VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE | | | FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT | | | LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER | | | THAN A PERSON WHO POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF | | | THE PERSON'S OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY | | | SECTION 1.07, PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR | | | STATE MILITARY FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT | | | CODE \[ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID | | | EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION\], WHO IS | | | SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE | | | PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. | | | "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS | | | ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY | | | PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS | | | VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT | | | UNLESS A COURT CHANGES THE ORDER." | | | SECTION 4.05. Chapter 18, Code of Criminal Procedure, is | | | amended by adding Article 18.192 to read as follows: | | | Art. 18.192. HOLDING AND DISPOSITION OF FIREARM | | | RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law | | | enforcement officer who takes possession of a firearm from a person | | | who is the subject of an extreme risk protective order issued under | | | Subchapter D, Chapter 7B, shall immediately provide the person a | | | written copy of the receipt for the firearm and a written notice of | | | the procedure for the return of a firearm under this article. | | | (b) Not later than the seventh day after the date a firearm | | | subject to disposition under this article is received, the law | | | enforcement agency holding the firearm shall notify the court that | | | issued the extreme risk protective order that the person who is the | | | subject of the order has relinquished the firearm. | | | (c) Not later than the 30th day after the date the extreme | | | risk protective order is rescinded or expires, the clerk of the | | | court shall notify the law enforcement agency of the rescission or | | | expiration. | | | (d) Not later than the 30th day after the date the law | | | enforcement agency holding a firearm subject to disposition under | | | this article receives the notice described by Subsection (c), the | | | law enforcement agency shall conduct a check of state and national | | | criminal history record information to verify whether the person | | | may lawfully possess a firearm under 18 U.S.C. Section 922(g) and | | | under the law of this state. | | | (e) If the check conducted under Subsection (d) verifies | | | that the person may lawfully possess a firearm, the law enforcement | | | agency shall provide to the person by certified mail written notice | | | stating that the firearm may be returned to the person if the person | | | submits a written request before the 121st day after the date of the | | | notice. | | | (f) An unclaimed firearm that is received under an extreme | | | risk protective order issued under Subchapter D, Chapter 7B, may | | | not be destroyed or forfeited to the state. | | | (g) The law enforcement agency holding the firearm may | | | provide for the firearm to be sold by a firearms dealer licensed | | | under 18 U.S.C. Section 923 if: | | | (1) the check conducted under Subsection (d) shows | | | that the person may not lawfully possess a firearm; or | | | (2) the notice is provided under Subsection (e) and | | | the person does not submit, before the 121st day after the date of | | | the notice, a written request for the return of the firearm. | | | (h) The proceeds from the sale of a firearm under this | | | article shall be paid to the owner of the seized firearm, less the | | | cost of administering this article with respect to the firearm. | | | SECTION 4.06. Section 85.022(b), Family Code, is amended to | | | read as follows: | | | (b) In a protective order, the court may prohibit the person | | | found to have committed family violence from: | | | (1) committing family violence; | | | (2) communicating: | | | (A) directly with a person protected by an order | | | or a member of the family or household of a person protected by an | | | order, in a threatening or harassing manner; | | | (B) a threat through any person to a person | | | protected by an order or a member of the family or household of a | | | person protected by an order; and | | | (C) if the court finds good cause, in any manner | | | with a person protected by an order or a member of the family or | | | household of a person protected by an order, except through the | | | party's attorney or a person appointed by the court; | | | (3) going to or near the residence or place of | | | employment or business of a person protected by an order or a member | | | of the family or household of a person protected by an order; | | | (4) going to or near the residence, child-care | | | facility, or school a child protected under the order normally | | | attends or in which the child normally resides; | | | (5) engaging in conduct directed specifically toward a | | | person who is a person protected by an order or a member of the | | | family or household of a person protected by an order, including | | | following the person, that is reasonably likely to harass, annoy, | | | alarm, abuse, torment, or embarrass the person; | | | (6) possessing a firearm, unless the person possesses | | | the firearm for the actual discharge of the person's official | | | duties as: | | | (A) \[is\] a peace officer, as defined by Section | | | 1.07, Penal Code; or | | | (B) a member of the armed forces or state | | | military forces, as defined by Section 431.001, Government Code \[, | | | actively engaged in employment as a sworn, full-time paid employee | | | of a state agency or political subdivision\]; and | | | (7) harming, threatening, or interfering with the | | | care, custody, or control of a pet, companion animal, or assistance | | | animal, as defined by Section 121.002, Human Resources Code, that | | | is possessed by or is in the actual or constructive care of a person | | | protected by an order or by a member of the family or household of a | | | person protected by an order. | | | SECTION 4.07. Section 85.026(a), Family Code, is amended to | | | read as follows: | | | (a) Each protective order issued under this subtitle, | | | including a temporary ex parte order, must contain the following | | | prominently displayed statements in boldfaced type, capital | | | letters, or underlined: | | | "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR | | | CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN | | | JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." | | | "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS | | | ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY | | | PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS | | | VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT | | | UNLESS A COURT CHANGES THE ORDER." | | | "IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE | | | ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO | | | POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S | | | OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07, | | | PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY | | | FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE \[ACTIVELY | | | ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE | | | AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE | | | ORDER TO POSSESS A FIREARM OR AMMUNITION\]." | | | "IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM | | | CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE | | | EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST | | | ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR | | | IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON: | | | "(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS | | | RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR | | | IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR | | | "(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS | | | RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR | | | IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS." | | | "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED | | | BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY | | | CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT | | | RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE | | | MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A | | | SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON | | | FOR AT LEAST TWO YEARS." | | | SECTION 4.08. Subchapter D, Chapter 411, Government Code, | | | is amended by adding Section 411.0522 to read as follows: | | | Sec. 411.0522. INFORMATION CONCERNING EXTREME RISK | | | PROTECTIVE ORDER. (a) The department by rule shall establish a | | | procedure to provide information concerning a person who is the | | | subject of an extreme risk protective order to the Federal Bureau of | | | Investigation for inclusion in the National Instant Criminal | | | Background Check System. | | | (b) The procedure must require the department to provide any | | | information received under Article 7B.158, Code of Criminal | | | Procedure, to the Federal Bureau of Investigation not later than 24 | | | hours after the time the department received the information. | | | SECTION 4.09. Section 411.172(a), Government Code, is | | | amended to read as follows: | | | (a) A person is eligible for a license to carry a handgun if | | | the person: | | | (1) is a legal resident of this state for the six-month | | | period preceding the date of application under this subchapter or | | | is otherwise eligible for a license under Section 411.173(a); | | | (2) is at least 21 years of age; | | | (3) has not been convicted of a felony; | | | (4) is not charged with the commission of a Class A or | | | Class B misdemeanor or equivalent offense, or of an offense under | | | Section 42.01, Penal Code, or equivalent offense, or of a felony | | | under an information or indictment; | | | (5) is not a fugitive from justice for a felony or a | | | Class A or Class B misdemeanor or equivalent offense; | | | (6) is not a chemically dependent person; | | | (7) is not incapable of exercising sound judgment with | | | respect to the proper use and storage of a handgun; | | | (8) has not, in the five years preceding the date of | | | application, been convicted of a Class A or Class B misdemeanor or | | | equivalent offense or of an offense under Section 42.01, Penal | | | Code, or equivalent offense; | | | (9) is fully qualified under applicable federal and | | | state law to purchase a handgun; | | | (10) has not been finally determined to be delinquent | | | in making a child support payment administered or collected by the | | | attorney general; | | | (11) has not been finally determined to be delinquent | | | in the payment of a tax or other money collected by the comptroller, | | | the tax collector of a political subdivision of the state, or any | | | agency or subdivision of the state; | | | (12) is not currently: | | | (A) restricted under a court protective order, | | | including an extreme risk protective order issued under Subchapter | | | D, Chapter 7B, Code of Criminal Procedure; or | | | (B) subject to a restraining order affecting the | | | spousal relationship, other than a restraining order solely | | | affecting property interests; | | | (13) has not, in the 10 years preceding the date of | | | application, been adjudicated as having engaged in delinquent | | | conduct violating a penal law of the grade of felony; and | | | (14) has not made any material misrepresentation, or | | | failed to disclose any material fact, in an application submitted | | | pursuant to Section 411.174. | | | SECTION 4.10. Sections 411.187(a) and (c), Government Code, | | | are amended to read as follows: | | | (a) The department shall suspend a license under this | | | section if the license holder: | | | (1) is charged with the commission of a Class A or | | | Class B misdemeanor or equivalent offense, or of an offense under | | | Section 42.01, Penal Code, or equivalent offense, or of a felony | | | under an information or indictment; | | | (2) fails to notify the department of a change of | | | address, name, or status as required by Section 411.181; | | | (3) commits an act of family violence and is the | | | subject of an active protective order rendered under Title 4, | | | Family Code; \[or\] | | | (4) is arrested for an offense involving family | | | violence or an offense under Section 42.072, Penal Code, and is the | | | subject of an order for emergency protection issued under Article | | | 17.292, Code of Criminal Procedure; or | | | (5) is the subject of an active protective order | | | issued under Subchapter D, Chapter 7B, Code of Criminal Procedure. | | | (c) The department shall suspend a license under this | | | section: | | | (1) for 30 days, if the person's license is subject to | | | suspension for a reason listed in Subsection (a)(2)\[, (3), or (4), | | | except as provided by Subdivision (2)\]; | | | (2) \[for not less than one year and not more than three | | | years, if the person's license: | | | \[(A) is subject to suspension for a reason listed | | | in Subsection (a), other than the reason listed in Subsection | | | (a)(1); and | | | \[(B) has been previously suspended for the same | | | reason; | | | \[(3)\] until dismissal of the charges, if the person's | | | license is subject to suspension for the reason listed in | | | Subsection (a)(1); or | | | (3) \[(4)\] for the duration of or the period specified | | | by: | | | (A) the protective order issued under Title 4, | | | Family Code, if the person's license is subject to suspension for | | | the reason listed in Subsection (a)(3) \[(a)(5)\]; \[or\] | | | (B) the order for emergency protection issued | | | under Article 17.292, Code of Criminal Procedure, if the person's | | | license is subject to suspension for the reason listed in | | | Subsection (a)(4); or | | | (C) the extreme risk protective order issued | | | under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the | | | person's license is subject to suspension for the reason listed in | | | Subsection (a)(5) \[(a)(6)\]. | | | SECTION 4.11. Chapter 37, Penal Code, is amended by adding | | | Section 37.083 to read as follows: | | | Sec. 37.083. FALSE REPORT REGARDING REQUEST FOR EXTREME | | | RISK PROTECTIVE ORDER. (a) A person commits an offense if, with | | | intent to deceive, the person makes a statement that the person | | | knows to be false to a peace officer relating to a request that the | | | officer file an application for an extreme risk protective order | | | under Subchapter D, Chapter 7B, Code of Criminal Procedure. | | | (b) An offense under this section is a Class B misdemeanor. | | | (c) If conduct that constitutes an offense under this | | | section also constitutes an offense under another law, the actor | | | may be prosecuted under this section, the other law, or both. | | | SECTION 4.12. Section 46.04, Penal Code, is amended by | | | amending Subsections (c) and (e) and adding Subsections (c-1) and | | | (c-2) to read as follows: | | | (c) A person \[, other than a peace officer, as defined by | | | Section 1.07, actively engaged in employment as a sworn, full-time | | | paid employee of a state agency or political subdivision,\] who is | | | subject to an order issued under Section 6.504 or Chapter 85, Family | | | Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of | | | Criminal Procedure, or by another jurisdiction as provided by | | | Chapter 88, Family Code, commits an offense if the person possesses | | | a firearm after receiving notice of the order and before expiration | | | of the order. | | | (c-1) It is a defense to prosecution under Subsection (c) | | | that the actor possessed the firearm for the actual discharge of | | | official duties as: | | | (1) a peace officer, as defined by Section 1.07; or | | | (2) a member of the armed forces or state military | | | forces, as defined by Section 431.001, Government Code. | | | (c-2) A person commits an offense if, after receiving notice | | | that the person is subject to an extreme risk protective order | | | issued under Subchapter D, Chapter 7B, Code of Criminal Procedure, | | | and before rescission or expiration of the order, the person | | | purchases, owns, possesses, or controls a firearm in violation of | | | the order. | | | (e) An offense under Subsection (a) is a felony of the third | | | degree. An offense under Subsection (a-1), (b), \[or\] (c), or (c-2) | | | is a Class A misdemeanor. | | | SECTION 4.13. Not later than October 1, 2023, the | | | Department of Public Safety shall adopt rules as required by | | | Section 411.0522, Government Code, as added by this article. | | | SECTION 4.14. The change in law made by this article | | | relating to the contents of a protective order or a magistrate's | | | order for emergency protection applies to an order issued on or | | | after the effective date of this Act. An order issued before that | | | date is governed by the law as it existed immediately before the | | | effective date of this Act, and the former law is continued in | | | effect for that purpose. | | | SECTION 4.15. Section 46.04, Penal Code, as amended by this | | | article, applies only to an offense committed on or after the | | | effective date of this Act. An offense committed before the | | | effective date of this Act is governed by the law in effect on the | | | date the offense was committed, and the former law is continued in | | | effect for that purpose. For purposes of this section, an offense | | | was committed before the effective date of this Act if any element | | | of the offense occurred before that date. | | | ARTICLE 5. EFFECTIVE DATE | | | SECTION 5.01. 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