Texas 2023 - 88th Regular

Texas House Bill HB3996 Compare Versions

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1	1	88R4245 AJZ/JRR-F
2	2	By: Bryant H.B. No. 3996
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulating certain firearm transfers, possession of
8	8	certain firearms, and protective orders prohibiting possession of a
9	9	firearm; creating criminal offenses; increasing criminal
10	10	penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. GENERAL PROVISIONS
13	13	SECTION 1.01. SHORT TITLE. This Act shall be known as the
14	14	Robb Elementary Firearm Safety Act.
15	15	SECTION 1.02. PURPOSE. The purpose of this Act is to ensure
16	16	the State of Texas is meeting its responsibility to protect the
17	17	health and safety of all Texans by enacting common sense,
18	18	evidence-based firearm safety laws. Texans deserve to live free
19	19	from the threat and fear of firearm violence.
20	20	SECTION 1.03. FINDINGS. The legislature finds that:
21	21	(1) the State of Texas mourns the loss of 19 innocent
22	22	children and two teachers in a senseless attack on Robb Elementary
23	23	School in Uvalde, Texas, on May 24, 2022;
24	24	(2) the shooting at Robb Elementary School is the
25	25	second deadliest school shooting in the history of the United
26	26	States;
27	27	(3) the victims of the attack are Makenna Lee Elrod,
28	28	10; Layla Salazar, 11; Maranda Mathis, 11; Nevaeh Bravo, 10; Jose
29	29	Manuel Flores, Jr., 10; Xavier Lopez, 10; Tess Marie Mata, 10;
30	30	Rojelio Torres, 10; Eliahna "Ellie" Amyah Garcia, 9; Eliahna
31	31	A. Torres, 10; Annabell Guadalupe Rodriguez, 10; Jackie Cazares, 9;
32	32	Uziyah Garcia, 10; Jayce Carmelo Luevanos, 10; Maite Yuleana
33	33	Rodriguez, 10; Jailah Nicole Silguero, 10; Amerie Jo Garza, 10;
34	34	Alexandria "Lexi" Aniyah Rubio, 10; Alithia Ramirez, 10; Irma
35	35	Garcia, fourth grade teacher; and Eva Mireles, fourth grade
36	36	teacher;
37	37	(4) three of the ten deadliest mass shootings in
38	38	modern United States history have occurred in Texas in the past five
39	39	years;
40	40	(5) the following mass shootings have occurred in
41	41	Texas:
42	42	(A) 26 people were killed in Sutherland Springs,
43	43	Texas, in 2017;
44	44	(B) 23 people were killed in Killeen, Texas, in
45	45	1991;
46	46	(C) 23 people were killed in El Paso, Texas, in
47	47	2019;
48	48	(D) 21 people were killed in Uvalde, Texas, in
49	49	2022;
50	50	(E) 17 people were killed at The University of
51	51	Texas at Austin in 1966;
52	52	(F) 13 people were killed in Killeen, Texas, in
53	53	2009; and
54	54	(G) 10 people were killed in Santa Fe, Texas, in
55	55	2018;
56	56	(6) firearm homicide rates for children under 18 have
57	57	more than doubled in Texas between 2014 and 2020;
58	58	(7) from 2015 to 2020, Texas lost 572 children to
59	59	firearm homicides, more than any other state; and
60	60	(8) overall firearm homicide rates in Texas have
61	61	increased 66 percent from 2014 to 2020.
62	62	ARTICLE 2. UNLAWFUL POSSESSION AND TRANSFER OF CERTAIN ASSAULT
63	63	WEAPONS
64	64	SECTION 2.01. Chapter 46, Penal Code, is amended by adding
65	65	Section 46.055 to read as follows:
66	66	Sec. 46.055. UNLAWFUL POSSESSION OF ASSAULT WEAPON. (a) In
67	67	this section, "assault weapon" means:
68	68	(1) a semiautomatic centerfire rifle that has the
69	69	capacity to accept a detachable magazine and has:
70	70	(A) a pistol grip that protrudes conspicuously
71	71	beneath the action of the firearm;
72	72	(B) a folding or telescoping stock;
73	73	(C) a thumbhole stock;
74	74	(D) a second handgrip or a protruding grip that
75	75	can be held by the non-trigger hand;
76	76	(E) a flash suppressor; or
77	77	(F) a grenade launcher or flare launcher;
78	78	(2) a semiautomatic centerfire rifle that has a fixed
79	79	magazine that holds more than 10 rounds of ammunition;
80	80	(3) a semiautomatic centerfire rifle that has an
81	81	overall length of less than 30 inches;
82	82	(4) a semiautomatic shotgun that has the capacity to
83	83	accept a detachable magazine;
84	84	(5) a semiautomatic shotgun that has a folding or
85	85	telescoping stock and has:
86	86	(A) a thumbhole stock; or
87	87	(B) a second handgrip or a protruding grip that
88	88	can be held by the non-trigger hand;
89	89	(6) a semiautomatic pistol that has the capacity to
90	90	accept a detachable magazine and has:
91	91	(A) a second handgrip or a protruding grip that
92	92	can be held by the non-trigger hand;
93	93	(B) an ammunition magazine that attaches to the
94	94	pistol outside of the pistol grip;
95	95	(C) a threaded barrel capable of accepting a
96	96	flash suppressor, forward handgrip, or silencer; or
97	97	(D) a shroud that is attached to or partially or
98	98	completely encircles the barrel and that permits the shooter to
99	99	hold the firearm with the non-trigger hand without being burned;
100	100	(7) a semiautomatic pistol that has a fixed magazine
101	101	that holds more than 10 rounds of ammunition;
102	102	(8) a revolving cylinder shotgun; or
103	103	(9) a conversion kit, part, or combination of parts
104	104	from which an assault weapon can be assembled or with which a
105	105	firearm may be converted into a weapon described by Subdivision
106	106	(1), (2), (3), (4), (5), (6), (7), or (8).
107	107	(b) A person who is younger than 21 years of age commits an
108	108	offense if the person knowingly possesses an assault weapon.
109	109	(c) An offense under this section is a state jail felony.
110	110	(d) It is a defense to prosecution under this section that:
111	111	(1) the actor possessed the assault weapon for the
112	112	actual discharge of official duties as:
113	113	(A) a peace officer, as defined by Section 1.07;
114	114	or
115	115	(B) a member of the armed forces or state
116	116	military forces, as defined by Section 431.001, Government Code; or
117	117	(2) the actor lawfully possessed the assault weapon on
118	118	August 31, 2023.
119	119	(e) This section does not apply to an assault weapon that
120	120	has been rendered permanently inoperable.
121	121	(f) If conduct that constitutes an offense under this
122	122	section also constitutes an offense under any other law, the actor
123	123	may be prosecuted under this section, the other law, or both.
124	124	SECTION 2.02. Section 46.06, Penal Code, is amended by
125	125	amending Subsections (a), (c), and (d) and adding Subsections (c-1)
126	126	and (e) to read as follows:
127	127	(a) A person commits an offense if the person:
128	128	(1) sells, rents, leases, loans, or gives a handgun to
129	129	any person knowing that the person to whom the handgun is to be
130	130	delivered intends to use it unlawfully or in the commission of an
131	131	unlawful act;
132	132	(2) intentionally or knowingly sells, rents, leases,
133	133	or gives or offers to sell, rent, lease, or give:
134	134	(A) a [to any child younger than 18 years of age
135	135	any firearm,] club, [or] location-restricted knife, or firearm
136	136	other than an assault weapon to a person younger than 18 years of
137	137	age; or
138	138	(B) an assault weapon to a person younger than 21
139	139	years of age;
140	140	(3) intentionally, knowingly, or recklessly sells a
141	141	firearm or ammunition for a firearm to any person who is
142	142	intoxicated;
143	143	(4) knowingly sells a firearm or ammunition for a
144	144	firearm to any person who has been convicted of a felony before the
145	145	fifth anniversary of the later of the following dates:
146	146	(A) the person's release from confinement
147	147	following conviction of the felony; or
148	148	(B) the person's release from supervision under
149	149	community supervision, parole, or mandatory supervision following
150	150	conviction of the felony;
151	151	(5) sells, rents, leases, loans, or gives a firearm
152	152	[handgun] to any person knowing that an active protective order is
153	153	directed to the person to whom the firearm [handgun] is to be
154	154	delivered;
155	155	(6) knowingly purchases, rents, leases, or receives as
156	156	a loan or gift from another a firearm [handgun] while an active
157	157	protective order is directed to the actor; or
158	158	(7) while prohibited from possessing a firearm under
159	159	state or federal law, knowingly makes a material false statement on
160	160	a form that is:
161	161	(A) required by state or federal law for the
162	162	purchase, sale, or other transfer of a firearm; and
163	163	(B) submitted to a [licensed] firearms dealer
164	164	licensed under [, as defined by] 18 U.S.C. Section 923.
165	165	(c) It is an affirmative defense to prosecution under
166	166	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
167	167	whose parent or the person having legal custody of the minor had
168	168	given written permission for the sale or, if the transfer was other
169	169	than a sale, the parent or person having legal custody had given
170	170	effective consent.
171	171	(c-1) It is a defense to prosecution under Subsection
172	172	(a)(2)(B), (a)(5), or (a)(6) that the transfer was to a person who
173	173	provided evidence to the actor that the person is:
174	174	(1) a peace officer, as defined by Section 1.07; or
175	175	(2) a member of the armed forces or state military
176	176	forces, as defined by Section 431.001, Government Code.
177	177	(d) An offense under this section is a Class A misdemeanor,
178	178	except that:
179	179	(1) an offense under Subsection (a)(2)(A) [(a)(2)] is
180	180	a state jail felony if the weapon that is the subject of the offense
181	181	is a handgun; [and]
182	182	(2) an offense under Subsection (a)(2)(B) or (a)(7) is
183	183	a state jail felony; and
184	184	(3) an offense under Subsection (a)(5) or (a)(6) is a
185	185	state jail felony if the weapon that is the subject of the offense
186	186	is an assault weapon.
187	187	(e) If conduct that constitutes an offense under this
188	188	section also constitutes an offense under any other law, the actor
189	189	may be prosecuted under this section, the other law, or both.
190	190	SECTION 2.03. Section 46.06(b), Penal Code, is amended by
191	191	adding Subdivision (3) to read as follows:
192	192	(3) "Assault weapon" has the meaning assigned by
193	193	Section 46.055.
194	194	SECTION 2.04. The change in law made by this article applies
195	195	only to an offense committed on or after the effective date of this
196	196	Act. An offense committed before the effective date of this Act is
197	197	governed by the law in effect on the date the offense was committed,
198	198	and the former law is continued in effect for that purpose. For
199	199	purposes of this section, an offense was committed before the
200	200	effective date of this Act if any element of the offense occurred
201	201	before that date.
202	202	ARTICLE 3. REGULATION OF FIREARM TRANSFERS
203	203	SECTION 3.01. Title 6, Business & Commerce Code, is amended
204	204	by adding Chapter 205 to read as follows:
205	205	CHAPTER 205. REGULATION OF FIREARM TRANSFERS
206	206	SUBCHAPTER A. GENERAL PROVISIONS
207	207	Sec. 205.001. DEFINITIONS. In this chapter:
208	208	(1) "Firearm" has the meaning assigned by Section
209	209	46.01, Penal Code.
210	210	(2) "Licensed firearms dealer" means a person who is
211	211	licensed as a firearms dealer under 18 U.S.C. Section 923.
212	212	SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
213	213	PRIVATE FIREARM TRANSFERS
214	214	Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
215	215	REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or
216	216	otherwise transfer a firearm to another person unless:
217	217	(1) the person is a licensed firearms dealer;
218	218	(2) the person sells or transfers the firearm to a
219	219	licensed firearms dealer; or
220	220	(3) before the firearm is delivered to the person to
221	221	whom the firearm is being sold or transferred, the person selling or
222	222	transferring the firearm delivers the firearm to a licensed
223	223	firearms dealer to retain possession of the firearm until the
224	224	dealer conducts a national instant criminal background check in the
225	225	manner required by 18 U.S.C. Section 922 and verifies that the
226	226	person to whom the firearm is being sold or transferred may lawfully
227	227	possess a firearm.
228	228	Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
229	229	licensed firearms dealer receives a firearm under Section
230	230	205.051(3), the dealer shall conduct a national instant criminal
231	231	background check in the manner required by 18 U.S.C. Section 922 to
232	232	verify that the person to whom the firearm is being sold or
233	233	transferred may lawfully possess a firearm.
234	234	(b) If a licensed firearms dealer determines that the person
235	235	to whom the firearm is being sold or transferred may not lawfully
236	236	possess a firearm, the dealer shall return the firearm to the person
237	237	selling or transferring the firearm.
238	238	(c) If a licensed firearms dealer determines that the person
239	239	to whom the firearm is being sold or transferred may lawfully
240	240	possess a firearm, the dealer shall transfer the firearm as
241	241	directed by the person selling or transferring the firearm.
242	242	(d) A licensed firearms dealer to whom a firearm is
243	243	delivered under Section 205.051(3) may collect a reasonable fee
244	244	from the person who is selling or transferring the firearm.
245	245	Sec. 205.053. EXCEPTION. This subchapter does not apply
246	246	to:
247	247	(1) a transfer of a firearm to a person by inheritance
248	248	or bequest on the death of the owner of the firearm; or
249	249	(2) a sale or other transfer of a firearm by the owner
250	250	of the firearm if the transferor and the transferee are related
251	251	within the third degree by consanguinity or within the second
252	252	degree by affinity as determined under Chapter 573, Government
253	253	Code.
254	254	Sec. 205.054. OFFENSE. (a) A person who violates this
255	255	subchapter commits an offense.
256	256	(b) An offense under this section is a Class A misdemeanor.
257	257	(c) If conduct that constitutes an offense under this
258	258	section also constitutes an offense under any other law, the actor
259	259	may be prosecuted under this section, the other law, or both.
260	260	SUBCHAPTER C. REQUIREMENTS FOR CERTAIN FIREARM SALES BY LICENSED
261	261	FIREARMS DEALERS
262	262	Sec. 205.101. WAITING PERIOD REQUIRED FOR CERTAIN SALES OF
263	263	FIREARMS; OFFENSE. (a) A licensed firearms dealer who sells a
264	264	firearm to a person in exchange for money or other consideration
265	265	commits an offense if the licensed firearms dealer delivers the
266	266	firearm to the person to whom the firearm is being sold before the
267	267	later of:
268	268	(1) the third business day after the date on which the
269	269	firearm was sold to the person; or
270	270	(2) the date on which the licensed firearms dealer
271	271	verifies, by conducting a national instant criminal background
272	272	check in the manner required by 18 U.S.C. Section 922, that the
273	273	person to whom the firearm is being sold may lawfully possess a
274	274	firearm.
275	275	(b) This section does not apply to the sale of a firearm to a
276	276	person who is:
277	277	(1) a peace officer, as defined by Section 1.07, Penal
278	278	Code; or
279	279	(2) a member of the armed forces or state military
280	280	forces, as defined by Section 431.001, Government Code.
281	281	(c) An offense under this section is a state jail felony.
282	282	(d) If conduct that constitutes an offense under this
283	283	section also constitutes an offense under any other law, the actor
284	284	may be prosecuted under this section, the other law, or both.
285	285	(e) A licensed firearms dealer shall make records of firearm
286	286	sales available for inspection by a law enforcement agency during
287	287	regular business hours.
288	288	ARTICLE 4. PROTECTIVE ORDERS
289	289	SECTION 4.01. Article 7B.005(a), Code of Criminal
290	290	Procedure, is amended to read as follows:
291	291	(a) In a protective order issued under this subchapter, the
292	292	court may:
293	293	(1) order the alleged offender to take action as
294	294	specified by the court that the court determines is necessary or
295	295	appropriate to prevent or reduce the likelihood of future harm to
296	296	the applicant or a member of the applicant's family or household; or
297	297	(2) prohibit the alleged offender from:
298	298	(A) communicating:
299	299	(i) directly or indirectly with the
300	300	applicant or any member of the applicant's family or household in a
301	301	threatening or harassing manner; or
302	302	(ii) in any manner with the applicant or any
303	303	member of the applicant's family or household except through the
304	304	applicant's attorney or a person appointed by the court, if the
305	305	court finds good cause for the prohibition;
306	306	(B) going to or near the residence, place of
307	307	employment or business, or child-care facility or school of the
308	308	applicant or any member of the applicant's family or household;
309	309	(C) engaging in conduct directed specifically
310	310	toward the applicant or any member of the applicant's family or
311	311	household, including following the person, that is reasonably
312	312	likely to harass, annoy, alarm, abuse, torment, or embarrass the
313	313	person; and
314	314	(D) possessing a firearm, unless the alleged
315	315	offender possesses the firearm for the actual discharge of the
316	316	alleged offender's official duties as:
317	317	(i) [is] a peace officer, as defined by
318	318	Section 1.07, Penal Code; or
319	319	(ii) a member of the armed forces or state
320	320	military forces, as defined by Section 431.001, Government Code[,
321	321	actively engaged in employment as a sworn, full-time paid employee
322	322	of a state agency or political subdivision].
323	323	SECTION 4.02. Article 7B.006(a), Code of Criminal
324	324	Procedure, is amended to read as follows:
325	325	(a) Each protective order issued under this subchapter,
326	326	including a temporary ex parte order, must contain the following
327	327	prominently displayed statements in boldfaced type, in capital
328	328	letters, or underlined:
329	329	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
330	330	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
331	331	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
332	332	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
333	333	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
334	334	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
335	335	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
336	336	UNLESS A COURT CHANGES THE ORDER."
337	337	"IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE
338	338	ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO
339	339	POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S
340	340	OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07,
341	341	PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY
342	342	FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY
343	343	ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE
344	344	AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE
345	345	ORDER TO POSSESS A FIREARM OR AMMUNITION]."
346	346	SECTION 4.03. Chapter 7B, Code of Criminal Procedure, is
347	347	amended by adding Subchapter D to read as follows:
348	348	SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER
349	349	Art. 7B.151. DEFINITIONS. In this subchapter:
350	350	(1) "Bodily injury" and "serious bodily injury" have
351	351	the meanings assigned by Section 1.07, Penal Code.
352	352	(2) "Family," "family violence," and "household" have
353	353	the meanings assigned by Chapter 71, Family Code.
354	354	(3) "Firearm" has the meaning assigned by Section
355	355	46.01, Penal Code.
356	356	Art. 7B.152. APPLICATION FOR EXTREME RISK PROTECTIVE ORDER.
357	357	(a) An application for a protective order under this subchapter may
358	358	be filed by:
359	359	(1) a member of the respondent's family or household;
360	360	(2) a parent, guardian, or conservator of a person who
361	361	is:
362	362	(A) under 18 years of age; and
363	363	(B) a member of the respondent's family or
364	364	household; or
365	365	(3) a peace officer.
366	366	(b) An application must:
367	367	(1) include:
368	368	(A) detailed allegations, based on personal
369	369	knowledge of a person described by Subsection (a), regarding any
370	370	dangerous behavior or conduct exhibited by the respondent,
371	371	including any behavior or conduct related to the respondent's use
372	372	of firearms;
373	373	(B) information concerning the quantity, type,
374	374	and location of any firearms the applicant believes to be in the
375	375	respondent's possession or control, if any;
376	376	(C) any other relevant facts indicating a need
377	377	for a protective order under this subchapter; and
378	378	(D) a statement that the applicant believes the
379	379	respondent poses an immediate and present danger of causing bodily
380	380	injury, serious bodily injury, or death to any person, including
381	381	the respondent, as a result of the respondent's access to firearms;
382	382	and
383	383	(2) be signed by the applicant under an oath that, to
384	384	the knowledge and belief of the applicant, the facts and
385	385	circumstances contained in the application are true.
386	386	(c) An application for a protective order under this
387	387	subchapter may be filed in a district court, juvenile court having
388	388	the jurisdiction of a district court, statutory county court, or
389	389	constitutional county court in the county in which the applicant or
390	390	the respondent resides.
391	391	Art. 7B.153. CONFIDENTIALITY OF CERTAIN INFORMATION. On
392	392	receiving an application containing specific health information
393	393	concerning the respondent, the court shall order the clerk to:
394	394	(1) strike the information from the public records of
395	395	the court; and
396	396	(2) maintain a confidential record of the information
397	397	for use only by the court.
398	398	Art. 7B.154. TEMPORARY EX PARTE ORDER. (a) If the court
399	399	finds from the information contained in an application for a
400	400	protective order under this subchapter that there is reasonable
401	401	cause to believe that the respondent poses an immediate and present
402	402	danger of causing bodily injury, serious bodily injury, or death to
403	403	any person, including the respondent, as a result of the
404	404	respondent's access to firearms, the court, without further notice
405	405	to the respondent and without a hearing, may issue a temporary ex
406	406	parte order prohibiting the respondent from purchasing, owning,
407	407	possessing, or controlling a firearm.
408	408	(b) In a temporary ex parte order, the court may order the
409	409	respondent to:
410	410	(1) not later than 24 hours after the time the order is
411	411	issued, relinquish any firearms owned by or in the actual or
412	412	constructive possession or control of the respondent to a law
413	413	enforcement agency for holding in the manner provided by Article
414	414	18.192; and
415	415	(2) if applicable, surrender to the court the
416	416	respondent's license to carry a handgun issued under Subchapter H,
417	417	Chapter 411, Government Code.
418	418	Art. 7B.155. HEARING; ISSUANCE OF PROTECTIVE ORDER. (a)
419	419	Not later than the 14th day after the later of the date an
420	420	application is filed or the date a temporary ex parte order is
421	421	issued, the court shall hold a hearing on the issuance of the
422	422	protective order.
423	423	(b) The court shall provide personal notice of the hearing
424	424	to the respondent.
425	425	(c) In determining whether to issue a protective order under
426	426	this article, the court:
427	427	(1) shall consider:
428	428	(A) any history of threats or acts of violence by
429	429	the respondent directed at any person, including the respondent;
430	430	(B) any history of the respondent using,
431	431	attempting to use, or threatening to use physical force against
432	432	another person;
433	433	(C) any recent violation by the respondent of an
434	434	order issued:
435	435	(i) under another provision of Chapter 7B
436	436	or under Article 17.292;
437	437	(ii) under Section 6.504 or Chapter 85,
438	438	Family Code;
439	439	(iii) under Chapter 83, Family Code, if the
440	440	temporary ex parte order has been served on the respondent; or
441	441	(iv) by another jurisdiction as provided by
442	442	Chapter 88, Family Code;
443	443	(D) any arrest or conviction of the respondent
444	444	for:
445	445	(i) an offense under Section 42.072, Penal
446	446	Code; or
447	447	(ii) an offense involving violence,
448	448	including family violence;
449	449	(E) any conviction of the respondent for an
450	450	offense under Section 42.09, 42.091, or 42.092, Penal Code; and
451	451	(F) evidence related to the respondent's current
452	452	or recent abuse of a controlled substance or alcohol, not including
453	453	any evidence of previous treatment for or recovery from abusing a
454	454	controlled substance or alcohol; and
455	455	(2) may consider any other relevant factor including:
456	456	(A) any previous violation by the respondent of
457	457	an order described by Subdivision (1)(C); and
458	458	(B) evidence regarding the respondent's recent
459	459	acquisition of firearms, ammunition, or other deadly weapons.
460	460	(d) At the close of the hearing, if the court finds by clear
461	461	and convincing evidence that the respondent poses an immediate and
462	462	present danger of causing bodily injury, serious bodily injury, or
463	463	death to any person, including the respondent, as a result of the
464	464	respondent's access to firearms, the court shall issue a protective
465	465	order that includes a statement of the required finding.
466	466	(e) If the court does not make the finding described by
467	467	Subsection (d), the court shall, as applicable, rescind any
468	468	temporary ex parte order issued under Article 7B.154 and return the
469	469	respondent's license to carry a handgun.
470	470	Art. 7B.156. CONTENTS OF PROTECTIVE ORDER. In a protective
471	471	order issued under Article 7B.155, the court shall:
472	472	(1) prohibit the person who is subject to the order
473	473	from purchasing, owning, possessing, or controlling a firearm for
474	474	the duration of the order;
475	475	(2) order the person to:
476	476	(A) not later than 24 hours after the time the
477	477	order is issued, relinquish any firearms owned by or in the actual
478	478	or constructive possession or control of the person to a law
479	479	enforcement agency for holding in the manner provided by Article
480	480	18.192; and
481	481	(B) if applicable, surrender to the court the
482	482	person's license to carry a handgun issued under Subchapter H,
483	483	Chapter 411, Government Code; and
484	484	(3) suspend a license to carry a handgun issued under
485	485	Subchapter H, Chapter 411, Government Code, that is held by the
486	486	person.
487	487	Art. 7B.157. DURATION OF PROTECTIVE ORDER. (a) A
488	488	protective order issued under Article 7B.155 is effective until the
489	489	first anniversary of the date the order was issued.
490	490	(b) The court may renew a protective order issued under
491	491	Article 7B.155 for a period not to exceed one year after the order's
492	492	original expiration date. Before renewing the order the court must
493	493	hold a hearing after providing personal notice of the hearing to the
494	494	person who is the subject of the order.
495	495	(c) A person who is the subject of a protective order may
496	496	file a motion not earlier than the 91st day after the date on which
497	497	the order was initially issued or renewed, as applicable,
498	498	requesting that the court review the order and determine whether
499	499	there is a continuing need for the order. After a hearing on the
500	500	motion, if the court fails to make the finding that there is no
501	501	continuing need for the order, the order remains in effect until the
502	502	date the order expires as provided by this article.
503	503	(d) At a hearing to renew or rescind a protective order
504	504	under this article, the court shall consider the factors described
505	505	by Article 7B.155(c).
506	506	Art. 7B.158. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a)
507	507	Not later than 24 hours after the time a protective order is issued
508	508	under Article 7B.155, the clerk of the issuing court shall provide
509	509	the following to the Department of Public Safety:
510	510	(1) the complete name, race, and sex of the person who
511	511	is the subject of the order;
512	512	(2) any known identifying number of the person,
513	513	including a social security number, driver's license number, or
514	514	state identification number;
515	515	(3) the person's date of birth;
516	516	(4) if surrendered to the court, the person's license
517	517	to carry a handgun issued under Subchapter H, Chapter 411,
518	518	Government Code; and
519	519	(5) a copy of the order suspending the person's license
520	520	to carry a handgun under Subchapter H, Chapter 411, Government
521	521	Code.
522	522	(b) On receipt of an order suspending a license to carry a
523	523	handgun, the department shall:
524	524	(1) record the suspension of the license in the
525	525	records of the department;
526	526	(2) report the suspension to local law enforcement
527	527	agencies, as appropriate; and
528	528	(3) if the license was not surrendered to the court,
529	529	demand surrender of the suspended license from the license holder.
530	530	(c) Not later than the 30th day after the date the
531	531	protective order is rescinded or expires under Article 7B.157, the
532	532	clerk of the issuing court shall notify the Department of Public
533	533	Safety of the rescission or expiration, as applicable.
534	534	Art. 7B.159. APPLICATION OF OTHER LAW. To the extent
535	535	applicable, except as otherwise provided by this subchapter, Title
536	536	4, Family Code, applies to a protective order issued under this
537	537	subchapter.
538	538	SECTION 4.04. Articles 17.292(c) and (g), Code of Criminal
539	539	Procedure, are amended to read as follows:
540	540	(c) The magistrate in the order for emergency protection may
541	541	prohibit the arrested party from:
542	542	(1) committing:
543	543	(A) family violence or an assault on the person
544	544	protected under the order; or
545	545	(B) an act in furtherance of an offense under
546	546	Section 20A.02 or 42.072, Penal Code;
547	547	(2) communicating:
548	548	(A) directly with a member of the family or
549	549	household or with the person protected under the order in a
550	550	threatening or harassing manner;
551	551	(B) a threat through any person to a member of the
552	552	family or household or to the person protected under the order; or
553	553	(C) if the magistrate finds good cause, in any
554	554	manner with a person protected under the order or a member of the
555	555	family or household of a person protected under the order, except
556	556	through the party's attorney or a person appointed by the court;
557	557	(3) going to or near:
558	558	(A) the residence, place of employment, or
559	559	business of a member of the family or household or of the person
560	560	protected under the order; or
561	561	(B) the residence, child care facility, or school
562	562	where a child protected under the order resides or attends; or
563	563	(4) possessing a firearm, unless the person possesses
564	564	the firearm for the actual discharge of the person's official
565	565	duties as:
566	566	(A) [is] a peace officer, as defined by Section
567	567	1.07, Penal Code; or
568	568	(B) a member of the armed forces or state
569	569	military forces, as defined by Section 431.001, Government Code [,
570	570	actively engaged in employment as a sworn, full-time paid employee
571	571	of a state agency or political subdivision].
572	572	(g) An order for emergency protection issued under this
573	573	article must contain the following statements printed in bold-face
574	574	type or in capital letters:
575	575	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
576	576	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
577	577	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
578	578	RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
579	579	MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
580	580	VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE
581	581	FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
582	582	LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER
583	583	THAN A PERSON WHO POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF
584	584	THE PERSON'S OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY
585	585	SECTION 1.07, PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR
586	586	STATE MILITARY FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT
587	587	CODE [ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID
588	588	EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION], WHO IS
589	589	SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE
590	590	PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
591	591	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
592	592	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
593	593	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
594	594	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
595	595	UNLESS A COURT CHANGES THE ORDER."
596	596	SECTION 4.05. Chapter 18, Code of Criminal Procedure, is
597	597	amended by adding Article 18.192 to read as follows:
598	598	Art. 18.192. HOLDING AND DISPOSITION OF FIREARM
599	599	RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law
600	600	enforcement officer who takes possession of a firearm from a person
601	601	who is the subject of an extreme risk protective order issued under
602	602	Subchapter D, Chapter 7B, shall immediately provide the person a
603	603	written copy of the receipt for the firearm and a written notice of
604	604	the procedure for the return of a firearm under this article.
605	605	(b) Not later than the seventh day after the date a firearm
606	606	subject to disposition under this article is received, the law
607	607	enforcement agency holding the firearm shall notify the court that
608	608	issued the extreme risk protective order that the person who is the
609	609	subject of the order has relinquished the firearm.
610	610	(c) Not later than the 30th day after the date the extreme
611	611	risk protective order is rescinded or expires, the clerk of the
612	612	court shall notify the law enforcement agency of the rescission or
613	613	expiration.
614	614	(d) Not later than the 30th day after the date the law
615	615	enforcement agency holding a firearm subject to disposition under
616	616	this article receives the notice described by Subsection (c), the
617	617	law enforcement agency shall conduct a check of state and national
618	618	criminal history record information to verify whether the person
619	619	may lawfully possess a firearm under 18 U.S.C. Section 922(g) and
620	620	under the law of this state.
621	621	(e) If the check conducted under Subsection (d) verifies
622	622	that the person may lawfully possess a firearm, the law enforcement
623	623	agency shall provide to the person by certified mail written notice
624	624	stating that the firearm may be returned to the person if the person
625	625	submits a written request before the 121st day after the date of the
626	626	notice.
627	627	(f) An unclaimed firearm that is received under an extreme
628	628	risk protective order issued under Subchapter D, Chapter 7B, may
629	629	not be destroyed or forfeited to the state.
630	630	(g) The law enforcement agency holding the firearm may
631	631	provide for the firearm to be sold by a firearms dealer licensed
632	632	under 18 U.S.C. Section 923 if:
633	633	(1) the check conducted under Subsection (d) shows
634	634	that the person may not lawfully possess a firearm; or
635	635	(2) the notice is provided under Subsection (e) and
636	636	the person does not submit, before the 121st day after the date of
637	637	the notice, a written request for the return of the firearm.
638	638	(h) The proceeds from the sale of a firearm under this
639	639	article shall be paid to the owner of the seized firearm, less the
640	640	cost of administering this article with respect to the firearm.
641	641	SECTION 4.06. Section 85.022(b), Family Code, is amended to
642	642	read as follows:
643	643	(b) In a protective order, the court may prohibit the person
644	644	found to have committed family violence from:
645	645	(1) committing family violence;
646	646	(2) communicating:
647	647	(A) directly with a person protected by an order
648	648	or a member of the family or household of a person protected by an
649	649	order, in a threatening or harassing manner;
650	650	(B) a threat through any person to a person
651	651	protected by an order or a member of the family or household of a
652	652	person protected by an order; and
653	653	(C) if the court finds good cause, in any manner
654	654	with a person protected by an order or a member of the family or
655	655	household of a person protected by an order, except through the
656	656	party's attorney or a person appointed by the court;
657	657	(3) going to or near the residence or place of
658	658	employment or business of a person protected by an order or a member
659	659	of the family or household of a person protected by an order;
660	660	(4) going to or near the residence, child-care
661	661	facility, or school a child protected under the order normally
662	662	attends or in which the child normally resides;
663	663	(5) engaging in conduct directed specifically toward a
664	664	person who is a person protected by an order or a member of the
665	665	family or household of a person protected by an order, including
666	666	following the person, that is reasonably likely to harass, annoy,
667	667	alarm, abuse, torment, or embarrass the person;
668	668	(6) possessing a firearm, unless the person possesses
669	669	the firearm for the actual discharge of the person's official
670	670	duties as:
671	671	(A) [is] a peace officer, as defined by Section
672	672	1.07, Penal Code; or
673	673	(B) a member of the armed forces or state
674	674	military forces, as defined by Section 431.001, Government Code [,
675	675	actively engaged in employment as a sworn, full-time paid employee
676	676	of a state agency or political subdivision]; and
677	677	(7) harming, threatening, or interfering with the
678	678	care, custody, or control of a pet, companion animal, or assistance
679	679	animal, as defined by Section 121.002, Human Resources Code, that
680	680	is possessed by or is in the actual or constructive care of a person
681	681	protected by an order or by a member of the family or household of a
682	682	person protected by an order.
683	683	SECTION 4.07. Section 85.026(a), Family Code, is amended to
684	684	read as follows:
685	685	(a) Each protective order issued under this subtitle,
686	686	including a temporary ex parte order, must contain the following
687	687	prominently displayed statements in boldfaced type, capital
688	688	letters, or underlined:
689	689	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
690	690	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
691	691	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
692	692	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
693	693	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
694	694	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
695	695	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
696	696	UNLESS A COURT CHANGES THE ORDER."
697	697	"IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE
698	698	ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO
699	699	POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S
700	700	OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07,
701	701	PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY
702	702	FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY
703	703	ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE
704	704	AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE
705	705	ORDER TO POSSESS A FIREARM OR AMMUNITION]."
706	706	"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
707	707	CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
708	708	EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
709	709	ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
710	710	IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
711	711	"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
712	712	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
713	713	IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
714	714	"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
715	715	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
716	716	IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
717	717	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
718	718	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
719	719	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
720	720	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
721	721	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
722	722	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
723	723	FOR AT LEAST TWO YEARS."
724	724	SECTION 4.08. Subchapter D, Chapter 411, Government Code,
725	725	is amended by adding Section 411.0522 to read as follows:
726	726	Sec. 411.0522. INFORMATION CONCERNING EXTREME RISK
727	727	PROTECTIVE ORDER. (a) The department by rule shall establish a
728	728	procedure to provide information concerning a person who is the
729	729	subject of an extreme risk protective order to the Federal Bureau of
730	730	Investigation for inclusion in the National Instant Criminal
731	731	Background Check System.
732	732	(b) The procedure must require the department to provide any
733	733	information received under Article 7B.158, Code of Criminal
734	734	Procedure, to the Federal Bureau of Investigation not later than 24
735	735	hours after the time the department received the information.
736	736	SECTION 4.09. Section 411.172(a), Government Code, is
737	737	amended to read as follows:
738	738	(a) A person is eligible for a license to carry a handgun if
739	739	the person:
740	740	(1) is a legal resident of this state for the six-month
741	741	period preceding the date of application under this subchapter or
742	742	is otherwise eligible for a license under Section 411.173(a);
743	743	(2) is at least 21 years of age;
744	744	(3) has not been convicted of a felony;
745	745	(4) is not charged with the commission of a Class A or
746	746	Class B misdemeanor or equivalent offense, or of an offense under
747	747	Section 42.01, Penal Code, or equivalent offense, or of a felony
748	748	under an information or indictment;
749	749	(5) is not a fugitive from justice for a felony or a
750	750	Class A or Class B misdemeanor or equivalent offense;
751	751	(6) is not a chemically dependent person;
752	752	(7) is not incapable of exercising sound judgment with
753	753	respect to the proper use and storage of a handgun;
754	754	(8) has not, in the five years preceding the date of
755	755	application, been convicted of a Class A or Class B misdemeanor or
756	756	equivalent offense or of an offense under Section 42.01, Penal
757	757	Code, or equivalent offense;
758	758	(9) is fully qualified under applicable federal and
759	759	state law to purchase a handgun;
760	760	(10) has not been finally determined to be delinquent
761	761	in making a child support payment administered or collected by the
762	762	attorney general;
763	763	(11) has not been finally determined to be delinquent
764	764	in the payment of a tax or other money collected by the comptroller,
765	765	the tax collector of a political subdivision of the state, or any
766	766	agency or subdivision of the state;
767	767	(12) is not currently:
768	768	(A) restricted under a court protective order,
769	769	including an extreme risk protective order issued under Subchapter
770	770	D, Chapter 7B, Code of Criminal Procedure; or
771	771	(B) subject to a restraining order affecting the
772	772	spousal relationship, other than a restraining order solely
773	773	affecting property interests;
774	774	(13) has not, in the 10 years preceding the date of
775	775	application, been adjudicated as having engaged in delinquent
776	776	conduct violating a penal law of the grade of felony; and
777	777	(14) has not made any material misrepresentation, or
778	778	failed to disclose any material fact, in an application submitted
779	779	pursuant to Section 411.174.
780	780	SECTION 4.10. Sections 411.187(a) and (c), Government Code,
781	781	are amended to read as follows:
782	782	(a) The department shall suspend a license under this
783	783	section if the license holder:
784	784	(1) is charged with the commission of a Class A or
785	785	Class B misdemeanor or equivalent offense, or of an offense under
786	786	Section 42.01, Penal Code, or equivalent offense, or of a felony
787	787	under an information or indictment;
788	788	(2) fails to notify the department of a change of
789	789	address, name, or status as required by Section 411.181;
790	790	(3) commits an act of family violence and is the
791	791	subject of an active protective order rendered under Title 4,
792	792	Family Code; [or]
793	793	(4) is arrested for an offense involving family
794	794	violence or an offense under Section 42.072, Penal Code, and is the
795	795	subject of an order for emergency protection issued under Article
796	796	17.292, Code of Criminal Procedure; or
797	797	(5) is the subject of an active protective order
798	798	issued under Subchapter D, Chapter 7B, Code of Criminal Procedure.
799	799	(c) The department shall suspend a license under this
800	800	section:
801	801	(1) for 30 days, if the person's license is subject to
802	802	suspension for a reason listed in Subsection (a)(2)[, (3), or (4),
803	803	except as provided by Subdivision (2)];
804	804	(2) [for not less than one year and not more than three
805	805	years, if the person's license:
806	806	[(A) is subject to suspension for a reason listed
807	807	in Subsection (a), other than the reason listed in Subsection
808	808	(a)(1); and
809	809	[(B) has been previously suspended for the same
810	810	reason;
811	811	[(3)] until dismissal of the charges, if the person's
812	812	license is subject to suspension for the reason listed in
813	813	Subsection (a)(1); or
814	814	(3) [(4)] for the duration of or the period specified
815	815	by:
816	816	(A) the protective order issued under Title 4,
817	817	Family Code, if the person's license is subject to suspension for
818	818	the reason listed in Subsection (a)(3) [(a)(5)]; [or]
819	819	(B) the order for emergency protection issued
820	820	under Article 17.292, Code of Criminal Procedure, if the person's
821	821	license is subject to suspension for the reason listed in
822	822	Subsection (a)(4); or
823	823	(C) the extreme risk protective order issued
824	824	under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the
825	825	person's license is subject to suspension for the reason listed in
826	826	Subsection (a)(5) [(a)(6)].
827	827	SECTION 4.11. Chapter 37, Penal Code, is amended by adding
828	828	Section 37.083 to read as follows:
829	829	Sec. 37.083. FALSE REPORT REGARDING REQUEST FOR EXTREME
830	830	RISK PROTECTIVE ORDER. (a) A person commits an offense if, with
831	831	intent to deceive, the person makes a statement that the person
832	832	knows to be false to a peace officer relating to a request that the
833	833	officer file an application for an extreme risk protective order
834	834	under Subchapter D, Chapter 7B, Code of Criminal Procedure.
835	835	(b) An offense under this section is a Class B misdemeanor.
836	836	(c) If conduct that constitutes an offense under this
837	837	section also constitutes an offense under another law, the actor
838	838	may be prosecuted under this section, the other law, or both.
839	839	SECTION 4.12. Section 46.04, Penal Code, is amended by
840	840	amending Subsections (c) and (e) and adding Subsections (c-1) and
841	841	(c-2) to read as follows:
842	842	(c) A person [, other than a peace officer, as defined by
843	843	Section 1.07, actively engaged in employment as a sworn, full-time
844	844	paid employee of a state agency or political subdivision,] who is
845	845	subject to an order issued under Section 6.504 or Chapter 85, Family
846	846	Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of
847	847	Criminal Procedure, or by another jurisdiction as provided by
848	848	Chapter 88, Family Code, commits an offense if the person possesses
849	849	a firearm after receiving notice of the order and before expiration
850	850	of the order.
851	851	(c-1) It is a defense to prosecution under Subsection (c)
852	852	that the actor possessed the firearm for the actual discharge of
853	853	official duties as:
854	854	(1) a peace officer, as defined by Section 1.07; or
855	855	(2) a member of the armed forces or state military
856	856	forces, as defined by Section 431.001, Government Code.
857	857	(c-2) A person commits an offense if, after receiving notice
858	858	that the person is subject to an extreme risk protective order
859	859	issued under Subchapter D, Chapter 7B, Code of Criminal Procedure,
860	860	and before rescission or expiration of the order, the person
861	861	purchases, owns, possesses, or controls a firearm in violation of
862	862	the order.
863	863	(e) An offense under Subsection (a) is a felony of the third
864	864	degree. An offense under Subsection (a-1), (b), [or] (c), or (c-2)
865	865	is a Class A misdemeanor.
866	866	SECTION 4.13. Not later than October 1, 2023, the
867	867	Department of Public Safety shall adopt rules as required by
868	868	Section 411.0522, Government Code, as added by this article.
869	869	SECTION 4.14. The change in law made by this article
870	870	relating to the contents of a protective order or a magistrate's
871	871	order for emergency protection applies to an order issued on or
872	872	after the effective date of this Act. An order issued before that
873	873	date is governed by the law as it existed immediately before the
874	874	effective date of this Act, and the former law is continued in
875	875	effect for that purpose.
876	876	SECTION 4.15. Section 46.04, Penal Code, as amended by this
877	877	article, applies only to an offense committed on or after the
878	878	effective date of this Act. An offense committed before the
879	879	effective date of this Act is governed by the law in effect on the
880	880	date the offense was committed, and the former law is continued in
881	881	effect for that purpose. For purposes of this section, an offense
882	882	was committed before the effective date of this Act if any element
883	883	of the offense occurred before that date.
884	884	ARTICLE 5. EFFECTIVE DATE
885	885	SECTION 5.01. This Act takes effect September 1, 2023.