Texas 2023 - 88th 1st C.S.

Texas Senate Bill SB7 Compare Versions

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