Texas 2025 - 89th Regular

Texas Senate Bill SB1658 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2209 AJZ-D
2	2	By: Gutierrez, et al. S.B. No. 1658
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to regulating certain firearm transfers, possession of
10	10	certain firearms, and protective orders prohibiting possession of a
11	11	firearm; creating criminal offenses; increasing criminal
12	12	penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	ARTICLE 1. GENERAL PROVISIONS
15	15	SECTION 1.01. SHORT TITLE. This Act shall be known as the
16	16	Robb Elementary Firearm Safety Act.
17	17	SECTION 1.02. PURPOSE. The purpose of this Act is to ensure
18	18	the State of Texas is meeting its responsibility to protect the
19	19	health and safety of all Texans by enacting common sense,
20	20	evidence-based firearm safety laws. Texans deserve to live free
21	21	from the threat and fear of firearm violence.
22	22	SECTION 1.03. FINDINGS. The legislature finds that:
23	23	(1) the State of Texas mourns the loss of 19 innocent
24	24	children and two teachers in a senseless attack on Robb Elementary
25	25	School in Uvalde, Texas, on May 24, 2022;
26	26	(2) the shooting at Robb Elementary School is the
27	27	second deadliest school shooting in the history of the United
28	28	States;
29	29	(3) the victims of the attack are Makenna Lee Elrod,
30	30	10; Layla Salazar, 11; Maranda Mathis, 11; Nevaeh Bravo, 10; Jose
31	31	Manuel Flores, Jr., 10; Xavier Lopez, 10; Tess Marie Mata, 10;
32	32	Rojelio Torres, 10; Eliahna "Ellie" Amyah Garcia, 9; Eliahna
33	33	A. Torres, 10; Annabell Guadalupe Rodriguez, 10; Jackie Cazares, 9;
34	34	Uziyah Garcia, 10; Jayce Carmelo Luevanos, 10; Maite Yuleana
35	35	Rodriguez, 10; Jailah Nicole Silguero, 10; Amerie Jo Garza, 10;
36	36	Alexandria "Lexi" Aniyah Rubio, 10; Alithia Ramirez, 10; Irma
37	37	Garcia, fourth grade teacher; and Eva Mireles, fourth grade
38	38	teacher;
39	39	(4) three of the ten deadliest mass shootings in
40	40	modern United States history have occurred in Texas in the past five
41	41	years;
42	42	(5) the following mass shootings have occurred in
43	43	Texas:
44	44	(A) 26 people were killed in Sutherland Springs,
45	45	Texas, in 2017;
46	46	(B) 23 people were killed in Killeen, Texas, in
47	47	1991;
48	48	(C) 23 people were killed in El Paso, Texas, in
49	49	2019;
50	50	(D) 21 people were killed in Uvalde, Texas, in
51	51	2022;
52	52	(E) 17 people were killed at The University of
53	53	Texas at Austin in 1966;
54	54	(F) 13 people were killed in Killeen, Texas, in
55	55	2009; and
56	56	(G) 10 people were killed in Santa Fe, Texas, in
57	57	2018;
58	58	(6) firearm homicide rates for children under 18 have
59	59	more than doubled in Texas between 2014 and 2020;
60	60	(7) from 2015 to 2020, Texas lost 572 children to
61	61	firearm homicides, more than any other state; and
62	62	(8) overall firearm homicide rates in Texas have
63	63	increased 66 percent from 2014 to 2020.
64	64	ARTICLE 2. UNLAWFUL POSSESSION AND TRANSFER OF CERTAIN ASSAULT
65	65	WEAPONS
66	66	SECTION 2.01. Chapter 46, Penal Code, is amended by adding
67	67	Section 46.055 to read as follows:
68	68	Sec. 46.055. UNLAWFUL POSSESSION OF ASSAULT WEAPON. (a) In
69	69	this section, "assault weapon" means:
70	70	(1) a semiautomatic centerfire rifle that has the
71	71	capacity to accept a detachable magazine and has:
72	72	(A) a pistol grip that protrudes conspicuously
73	73	beneath the action of the firearm;
74	74	(B) a folding or telescoping stock;
75	75	(C) a thumbhole stock;
76	76	(D) a second handgrip or a protruding grip that
77	77	can be held by the non-trigger hand;
78	78	(E) a flash suppressor; or
79	79	(F) a grenade launcher or flare launcher;
80	80	(2) a semiautomatic centerfire rifle that has a fixed
81	81	magazine that holds more than 10 rounds of ammunition;
82	82	(3) a semiautomatic centerfire rifle that has an
83	83	overall length of less than 30 inches;
84	84	(4) a semiautomatic shotgun that has the capacity to
85	85	accept a detachable magazine;
86	86	(5) a semiautomatic shotgun that has a folding or
87	87	telescoping stock and has:
88	88	(A) a thumbhole stock; or
89	89	(B) a second handgrip or a protruding grip that
90	90	can be held by the non-trigger hand;
91	91	(6) a semiautomatic pistol that has the capacity to
92	92	accept a detachable magazine and has:
93	93	(A) a second handgrip or a protruding grip that
94	94	can be held by the non-trigger hand;
95	95	(B) an ammunition magazine that attaches to the
96	96	pistol outside of the pistol grip;
97	97	(C) a threaded barrel capable of accepting a
98	98	flash suppressor, forward handgrip, or silencer; or
99	99	(D) a shroud that is attached to or partially or
100	100	completely encircles the barrel and that permits the shooter to
101	101	hold the firearm with the non-trigger hand without being burned;
102	102	(7) a semiautomatic pistol that has a fixed magazine
103	103	that holds more than 10 rounds of ammunition;
104	104	(8) a revolving cylinder shotgun; or
105	105	(9) a conversion kit, part, or combination of parts
106	106	from which an assault weapon can be assembled or with which a
107	107	firearm may be converted into a weapon described by Subdivision
108	108	(1), (2), (3), (4), (5), (6), (7), or (8).
109	109	(b) A person who is younger than 21 years of age commits an
110	110	offense if the person knowingly possesses an assault weapon.
111	111	(c) An offense under this section is a state jail felony.
112	112	(d) It is a defense to prosecution under this section that:
113	113	(1) the actor possessed the assault weapon for the
114	114	actual discharge of official duties as:
115	115	(A) a peace officer, as defined by Section 1.07;
116	116	or
117	117	(B) a member of the armed forces or state
118	118	military forces, as defined by Section 431.001, Government Code; or
119	119	(2) the actor lawfully possessed the assault weapon on
120	120	August 31, 2025.
121	121	(e) This section does not apply to an assault weapon that
122	122	has been rendered permanently inoperable.
123	123	(f) If conduct that constitutes an offense under this
124	124	section also constitutes an offense under any other law, the actor
125	125	may be prosecuted under this section, the other law, or both.
126	126	SECTION 2.02. Section 46.06, Penal Code, is amended by
127	127	amending Subsections (a), (c), and (d) and adding Subsections (c-1)
128	128	and (e) to read as follows:
129	129	(a) A person commits an offense if the person:
130	130	(1) sells, rents, leases, loans, or gives a handgun to
131	131	any person knowing that the person to whom the handgun is to be
132	132	delivered intends to use it unlawfully or in the commission of an
133	133	unlawful act;
134	134	(2) intentionally or knowingly sells, rents, leases,
135	135	or gives or offers to sell, rent, lease, or give:
136	136	(A) a [to any child younger than 18 years of age
137	137	any firearm,] club, [or] location-restricted knife, or firearm
138	138	other than an assault weapon to a person younger than 18 years of
139	139	age; or
140	140	(B) an assault weapon to a person younger than 21
141	141	years of age;
142	142	(3) intentionally, knowingly, or recklessly sells a
143	143	firearm or ammunition for a firearm to any person who is
144	144	intoxicated;
145	145	(4) knowingly sells a firearm or ammunition for a
146	146	firearm to any person who has been convicted of a felony before the
147	147	fifth anniversary of the later of the following dates:
148	148	(A) the person's release from confinement
149	149	following conviction of the felony; or
150	150	(B) the person's release from supervision under
151	151	community supervision, parole, or mandatory supervision following
152	152	conviction of the felony;
153	153	(5) sells, rents, leases, loans, or gives a firearm
154	154	[handgun] to any person knowing that an active protective order is
155	155	directed to the person to whom the firearm [handgun] is to be
156	156	delivered;
157	157	(6) knowingly purchases, rents, leases, or receives as
158	158	a loan or gift from another a firearm [handgun] while an active
159	159	protective order is directed to the actor; or
160	160	(7) while prohibited from possessing a firearm under
161	161	state or federal law, knowingly makes a material false statement on
162	162	a form that is:
163	163	(A) required by state or federal law for the
164	164	purchase, sale, or other transfer of a firearm; and
165	165	(B) submitted to a firearms dealer licensed under
166	166	18 U.S.C. Section 923.
167	167	(c) It is an affirmative defense to prosecution under
168	168	Subsection (a)(2)(A) [(a)(2)] that the transfer was to a minor
169	169	whose parent or the person having legal custody of the minor had
170	170	given written permission for the sale or, if the transfer was other
171	171	than a sale, the parent or person having legal custody had given
172	172	effective consent.
173	173	(c-1) It is a defense to prosecution under Subsection
174	174	(a)(2)(B), (a)(5), or (a)(6) that the transfer was to a person who
175	175	provided evidence to the actor that the person is:
176	176	(1) a peace officer, as defined by Section 1.07; or
177	177	(2) a member of the armed forces or state military
178	178	forces, as defined by Section 431.001, Government Code.
179	179	(d) An offense under this section is a Class A misdemeanor,
180	180	except that:
181	181	(1) an offense under Subsection (a)(2)(A) [(a)(2)] is
182	182	a state jail felony if the weapon that is the subject of the offense
183	183	is a handgun; [and]
184	184	(2) an offense under Subsection (a)(2)(B) or (a)(7) is
185	185	a state jail felony; and
186	186	(3) an offense under Subsection (a)(5) or (a)(6) is a
187	187	state jail felony if the weapon that is the subject of the offense
188	188	is an assault weapon.
189	189	(e) If conduct that constitutes an offense under this
190	190	section also constitutes an offense under any other law, the actor
191	191	may be prosecuted under this section, the other law, or both.
192	192	SECTION 2.03. Section 46.06(b), Penal Code, is amended by
193	193	adding Subdivision (3) to read as follows:
194	194	(3) "Assault weapon" has the meaning assigned by
195	195	Section 46.055.
196	196	SECTION 2.04. The change in law made by this article applies
197	197	only to an offense committed on or after the effective date of this
198	198	Act. An offense committed before the effective date of this Act is
199	199	governed by the law in effect on the date the offense was committed,
200	200	and the former law is continued in effect for that purpose. For
201	201	purposes of this section, an offense was committed before the
202	202	effective date of this Act if any element of the offense occurred
203	203	before that date.
204	204	ARTICLE 3. REGULATION OF FIREARM TRANSFERS
205	205	SECTION 3.01. Title 6, Business & Commerce Code, is amended
206	206	by adding Chapter 205 to read as follows:
207	207	CHAPTER 205. REGULATION OF FIREARM TRANSFERS
208	208	SUBCHAPTER A. GENERAL PROVISIONS
209	209	Sec. 205.001. DEFINITIONS. In this chapter:
210	210	(1) "Firearm" has the meaning assigned by Section
211	211	46.01, Penal Code.
212	212	(2) "Licensed firearms dealer" means a person who is
213	213	licensed as a firearms dealer under 18 U.S.C. Section 923.
214	214	SUBCHAPTER B. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK FOR
215	215	PRIVATE FIREARM TRANSFERS
216	216	Sec. 205.051. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK
217	217	REQUIRED FOR PRIVATE TRANSFER OF FIREARM. A person may not sell or
218	218	otherwise transfer a firearm to another person unless:
219	219	(1) the person is a licensed firearms dealer;
220	220	(2) the person sells or transfers the firearm to a
221	221	licensed firearms dealer; or
222	222	(3) before the firearm is delivered to the person to
223	223	whom the firearm is being sold or transferred, the person selling or
224	224	transferring the firearm delivers the firearm to a licensed
225	225	firearms dealer to retain possession of the firearm until the
226	226	dealer conducts a national instant criminal background check in the
227	227	manner required by 18 U.S.C. Section 922 and verifies that the
228	228	person to whom the firearm is being sold or transferred may lawfully
229	229	possess a firearm.
230	230	Sec. 205.052. DUTIES OF LICENSED FIREARMS DEALER. (a) If a
231	231	licensed firearms dealer receives a firearm under Section
232	232	205.051(3), the dealer shall conduct a national instant criminal
233	233	background check in the manner required by 18 U.S.C. Section 922 to
234	234	verify that the person to whom the firearm is being sold or
235	235	transferred may lawfully possess a firearm.
236	236	(b) If a licensed firearms dealer determines that the person
237	237	to whom the firearm is being sold or transferred may not lawfully
238	238	possess a firearm, the dealer shall return the firearm to the person
239	239	selling or transferring the firearm.
240	240	(c) If a licensed firearms dealer determines that the person
241	241	to whom the firearm is being sold or transferred may lawfully
242	242	possess a firearm, the dealer shall transfer the firearm as
243	243	directed by the person selling or transferring the firearm.
244	244	(d) A licensed firearms dealer to whom a firearm is
245	245	delivered under Section 205.051(3) may collect a reasonable fee
246	246	from the person who is selling or transferring the firearm.
247	247	Sec. 205.053. EXCEPTION. This subchapter does not apply
248	248	to:
249	249	(1) a transfer of a firearm to a person by inheritance
250	250	or bequest on the death of the owner of the firearm; or
251	251	(2) a sale or other transfer of a firearm by the owner
252	252	of the firearm if the transferor and the transferee are related
253	253	within the third degree by consanguinity or within the second
254	254	degree by affinity as determined under Chapter 573, Government
255	255	Code.
256	256	Sec. 205.054. OFFENSE. (a) A person who violates this
257	257	subchapter commits an offense.
258	258	(b) An offense under this section is a Class A misdemeanor.
259	259	(c) If conduct that constitutes an offense under this
260	260	section also constitutes an offense under any other law, the actor
261	261	may be prosecuted under this section, the other law, or both.
262	262	SUBCHAPTER C. REQUIREMENTS FOR CERTAIN FIREARM SALES BY LICENSED
263	263	FIREARMS DEALERS
264	264	Sec. 205.101. WAITING PERIOD REQUIRED FOR CERTAIN SALES OF
265	265	FIREARMS; OFFENSE. (a) A licensed firearms dealer who sells a
266	266	firearm to a person in exchange for money or other consideration
267	267	commits an offense if the licensed firearms dealer delivers the
268	268	firearm to the person to whom the firearm is being sold before the
269	269	later of:
270	270	(1) the third business day after the date on which the
271	271	firearm was sold to the person; or
272	272	(2) the date on which the licensed firearms dealer
273	273	verifies, by conducting a national instant criminal background
274	274	check in the manner required by 18 U.S.C. Section 922, that the
275	275	person to whom the firearm is being sold may lawfully possess a
276	276	firearm.
277	277	(b) This section does not apply to the sale of a firearm to a
278	278	person who is:
279	279	(1) a peace officer, as defined by Section 1.07, Penal
280	280	Code; or
281	281	(2) a member of the armed forces or state military
282	282	forces, as defined by Section 431.001, Government Code.
283	283	(c) An offense under this section is a state jail felony.
284	284	(d) If conduct that constitutes an offense under this
285	285	section also constitutes an offense under any other law, the actor
286	286	may be prosecuted under this section, the other law, or both.
287	287	(e) A licensed firearms dealer shall make records of firearm
288	288	sales available for inspection by a law enforcement agency during
289	289	regular business hours.
290	290	ARTICLE 4. PROTECTIVE ORDERS
291	291	SECTION 4.01. Article 7B.005(a), Code of Criminal
292	292	Procedure, is amended to read as follows:
293	293	(a) In a protective order issued under this subchapter, the
294	294	court may:
295	295	(1) order the alleged offender to take action as
296	296	specified by the court that the court determines is necessary or
297	297	appropriate to prevent or reduce the likelihood of future harm to
298	298	the applicant or a member of the applicant's family or household; or
299	299	(2) prohibit the alleged offender from:
300	300	(A) communicating:
301	301	(i) directly or indirectly with the
302	302	applicant or any member of the applicant's family or household in a
303	303	threatening or harassing manner; or
304	304	(ii) in any manner with the applicant or any
305	305	member of the applicant's family or household except through the
306	306	applicant's attorney or a person appointed by the court, if the
307	307	court finds good cause for the prohibition;
308	308	(B) going to or near the residence, place of
309	309	employment or business, or child-care facility or school of the
310	310	applicant or any member of the applicant's family or household;
311	311	(C) engaging in conduct directed specifically
312	312	toward the applicant or any member of the applicant's family or
313	313	household, including following the person, that is reasonably
314	314	likely to harass, annoy, alarm, abuse, torment, or embarrass the
315	315	person;
316	316	(D) possessing a firearm, unless the alleged
317	317	offender possesses the firearm for the actual discharge of the
318	318	alleged offender's official duties as:
319	319	(i) [is] a peace officer, as defined by
320	320	Section 1.07, Penal Code; or
321	321	(ii) a member of the armed forces or state
322	322	military forces, as defined by Section 431.001, Government Code [,
323	323	actively engaged in employment as a sworn, full-time paid employee
324	324	of a state agency or political subdivision]; and
325	325	(E) tracking or monitoring personal property or a
326	326	motor vehicle in the possession of the applicant or of a member of
327	327	the applicant's family or household, without the applicant's
328	328	effective consent, including by:
329	329	(i) using a tracking application on a
330	330	personal electronic device in the possession of the applicant or
331	331	the family or household member or using a tracking device; or
332	332	(ii) physically following the applicant or
333	333	the family or household member or causing another to physically
334	334	follow the applicant or member.
335	335	SECTION 4.02. Article 7B.006(a), Code of Criminal
336	336	Procedure, is amended to read as follows:
337	337	(a) Each protective order issued under this subchapter,
338	338	including a temporary ex parte order, must contain the following
339	339	prominently displayed statements in boldfaced type, in capital
340	340	letters, or underlined:
341	341	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
342	342	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
343	343	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
344	344	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
345	345	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
346	346	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
347	347	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
348	348	UNLESS A COURT CHANGES THE ORDER."
349	349	"IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE
350	350	ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO
351	351	POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S
352	352	OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07,
353	353	PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY
354	354	FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY
355	355	ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE
356	356	AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE
357	357	ORDER TO POSSESS A FIREARM OR AMMUNITION]."
358	358	SECTION 4.03. Chapter 7B, Code of Criminal Procedure, is
359	359	amended by adding Subchapter D to read as follows:
360	360	SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER
361	361	Art. 7B.151. DEFINITIONS. In this subchapter:
362	362	(1) "Bodily injury" and "serious bodily injury" have
363	363	the meanings assigned by Section 1.07, Penal Code.
364	364	(2) "Family," "family violence," and "household" have
365	365	the meanings assigned by Chapter 71, Family Code.
366	366	(3) "Firearm" has the meaning assigned by Section
367	367	46.01, Penal Code.
368	368	Art. 7B.152. APPLICATION FOR EXTREME RISK PROTECTIVE ORDER.
369	369	(a) An application for a protective order under this subchapter may
370	370	be filed by:
371	371	(1) a member of the respondent's family or household;
372	372	(2) a parent, guardian, or conservator of a person who
373	373	is:
374	374	(A) under 18 years of age; and
375	375	(B) a member of the respondent's family or
376	376	household; or
377	377	(3) a peace officer.
378	378	(b) An application must:
379	379	(1) include:
380	380	(A) detailed allegations, based on personal
381	381	knowledge of a person described by Subsection (a), regarding any
382	382	dangerous behavior or conduct exhibited by the respondent,
383	383	including any behavior or conduct related to the respondent's use
384	384	of firearms;
385	385	(B) information concerning the quantity, type,
386	386	and location of any firearms the applicant believes to be in the
387	387	respondent's possession or control, if any;
388	388	(C) any other relevant facts indicating a need
389	389	for a protective order under this subchapter; and
390	390	(D) a statement that the applicant believes the
391	391	respondent poses an immediate and present danger of causing bodily
392	392	injury, serious bodily injury, or death to any person, including
393	393	the respondent, as a result of the respondent's access to firearms;
394	394	and
395	395	(2) be signed by the applicant under an oath that, to
396	396	the knowledge and belief of the applicant, the facts and
397	397	circumstances contained in the application are true.
398	398	(c) An application for a protective order under this
399	399	subchapter may be filed in a district court, juvenile court having
400	400	the jurisdiction of a district court, statutory county court, or
401	401	constitutional county court in the county in which the applicant or
402	402	the respondent resides.
403	403	Art. 7B.153. CONFIDENTIALITY OF CERTAIN INFORMATION. On
404	404	receiving an application containing specific health information
405	405	concerning the respondent, the court shall order the clerk to:
406	406	(1) strike the information from the public records of
407	407	the court; and
408	408	(2) maintain a confidential record of the information
409	409	for use only by the court.
410	410	Art. 7B.154. TEMPORARY EX PARTE ORDER. (a) If the court
411	411	finds from the information contained in an application for a
412	412	protective order under this subchapter that there is reasonable
413	413	cause to believe that the respondent poses an immediate and present
414	414	danger of causing bodily injury, serious bodily injury, or death to
415	415	any person, including the respondent, as a result of the
416	416	respondent's access to firearms, the court, without further notice
417	417	to the respondent and without a hearing, may issue a temporary ex
418	418	parte order prohibiting the respondent from purchasing, owning,
419	419	possessing, or controlling a firearm.
420	420	(b) In a temporary ex parte order, the court may order the
421	421	respondent to:
422	422	(1) not later than 24 hours after the time the order is
423	423	issued, relinquish any firearms owned by or in the actual or
424	424	constructive possession or control of the respondent to a law
425	425	enforcement agency for holding in the manner provided by Article
426	426	18.192; and
427	427	(2) if applicable, surrender to the court the
428	428	respondent's license to carry a handgun issued under Subchapter H,
429	429	Chapter 411, Government Code.
430	430	Art. 7B.155. HEARING; ISSUANCE OF PROTECTIVE ORDER. (a)
431	431	Not later than the 14th day after the later of the date an
432	432	application is filed or the date a temporary ex parte order is
433	433	issued, the court shall hold a hearing on the issuance of the
434	434	protective order.
435	435	(b) The court shall provide personal notice of the hearing
436	436	to the respondent.
437	437	(c) In determining whether to issue a protective order under
438	438	this article, the court:
439	439	(1) shall consider:
440	440	(A) any history of threats or acts of violence by
441	441	the respondent directed at any person, including the respondent;
442	442	(B) any history of the respondent using,
443	443	attempting to use, or threatening to use physical force against
444	444	another person;
445	445	(C) any recent violation by the respondent of an
446	446	order issued:
447	447	(i) under another provision of this chapter
448	448	or under Article 17.292;
449	449	(ii) under Section 6.504 or Chapter 85,
450	450	Family Code;
451	451	(iii) under Chapter 83, Family Code, if the
452	452	temporary ex parte order has been served on the respondent; or
453	453	(iv) by another jurisdiction as provided by
454	454	Chapter 88, Family Code;
455	455	(D) any arrest or conviction of the respondent
456	456	for:
457	457	(i) an offense under Section 42.072, Penal
458	458	Code; or
459	459	(ii) an offense involving violence,
460	460	including family violence;
461	461	(E) any conviction of the respondent for an
462	462	offense under Section 42.09, 42.091, or 42.092, Penal Code; and
463	463	(F) evidence related to the respondent's current
464	464	or recent abuse of a controlled substance or alcohol, not including
465	465	any evidence of previous treatment for or recovery from abusing a
466	466	controlled substance or alcohol; and
467	467	(2) may consider any other relevant factor including:
468	468	(A) any previous violation by the respondent of
469	469	an order described by Subdivision (1)(C); and
470	470	(B) evidence regarding the respondent's recent
471	471	acquisition of firearms, ammunition, or other deadly weapons.
472	472	(d) At the close of the hearing, if the court finds by clear
473	473	and convincing evidence that the respondent poses an immediate and
474	474	present danger of causing bodily injury, serious bodily injury, or
475	475	death to any person, including the respondent, as a result of the
476	476	respondent's access to firearms, the court shall issue a protective
477	477	order that includes a statement of the required finding.
478	478	(e) If the court does not make the finding described by
479	479	Subsection (d), the court shall, as applicable, rescind any
480	480	temporary ex parte order issued under Article 7B.154 and return the
481	481	respondent's license to carry a handgun.
482	482	Art. 7B.156. CONTENTS OF PROTECTIVE ORDER. In a protective
483	483	order issued under Article 7B.155, the court shall:
484	484	(1) prohibit the person who is subject to the order
485	485	from purchasing, owning, possessing, or controlling a firearm for
486	486	the duration of the order;
487	487	(2) order the person to:
488	488	(A) not later than 24 hours after the time the
489	489	order is issued, relinquish any firearms owned by or in the actual
490	490	or constructive possession or control of the person to a law
491	491	enforcement agency for holding in the manner provided by Article
492	492	18.192; and
493	493	(B) if applicable, surrender to the court the
494	494	person's license to carry a handgun issued under Subchapter H,
495	495	Chapter 411, Government Code; and
496	496	(3) suspend a license to carry a handgun issued under
497	497	Subchapter H, Chapter 411, Government Code, that is held by the
498	498	person.
499	499	Art. 7B.157. DURATION OF PROTECTIVE ORDER. (a) A
500	500	protective order issued under Article 7B.155 is effective until the
501	501	first anniversary of the date the order was issued.
502	502	(b) The court may renew a protective order issued under
503	503	Article 7B.155 for a period not to exceed one year after the order's
504	504	original expiration date. Before renewing the order the court must
505	505	hold a hearing after providing personal notice of the hearing to the
506	506	person who is the subject of the order.
507	507	(c) A person who is the subject of a protective order may
508	508	file a motion not earlier than the 91st day after the date on which
509	509	the order was initially issued or renewed, as applicable,
510	510	requesting that the court review the order and determine whether
511	511	there is a continuing need for the order. After a hearing on the
512	512	motion, if the court fails to make the finding that there is no
513	513	continuing need for the order, the order remains in effect until the
514	514	date the order expires as provided by this article.
515	515	(d) At a hearing to renew or rescind a protective order
516	516	under this article, the court shall consider the factors described
517	517	by Article 7B.155(c).
518	518	Art. 7B.158. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a)
519	519	Not later than 24 hours after the time a protective order is issued
520	520	under Article 7B.155, the clerk of the issuing court shall provide
521	521	the following to the Department of Public Safety:
522	522	(1) the complete name, race, and sex of the person who
523	523	is the subject of the order;
524	524	(2) any known identifying number of the person,
525	525	including a social security number, driver's license number, or
526	526	state identification number;
527	527	(3) the person's date of birth;
528	528	(4) if surrendered to the court, the person's license
529	529	to carry a handgun issued under Subchapter H, Chapter 411,
530	530	Government Code; and
531	531	(5) a copy of the order suspending the person's license
532	532	to carry a handgun under Subchapter H, Chapter 411, Government
533	533	Code.
534	534	(b) On receipt of an order suspending a license to carry a
535	535	handgun, the Department of Public Safety shall:
536	536	(1) record the suspension of the license in the
537	537	records of the department;
538	538	(2) report the suspension to local law enforcement
539	539	agencies, as appropriate; and
540	540	(3) if the license was not surrendered to the court,
541	541	demand surrender of the suspended license from the license holder.
542	542	(c) Not later than the 30th day after the date the
543	543	protective order is rescinded or expires under Article 7B.157, the
544	544	clerk of the issuing court shall notify the Department of Public
545	545	Safety of the rescission or expiration, as applicable.
546	546	Art. 7B.159. APPLICATION OF OTHER LAW. Except as otherwise
547	547	provided by this subchapter and to the extent applicable, Title 4,
548	548	Family Code, applies to a protective order issued under this
549	549	subchapter.
550	550	SECTION 4.04. Articles 17.292(c) and (g), Code of Criminal
551	551	Procedure, are amended to read as follows:
552	552	(c) The magistrate in the order for emergency protection may
553	553	prohibit the arrested party from:
554	554	(1) committing:
555	555	(A) family violence or an assault on the person
556	556	protected under the order; or
557	557	(B) an act in furtherance of an offense under
558	558	Section 20A.02 or 42.072, Penal Code;
559	559	(2) communicating:
560	560	(A) directly with a member of the family or
561	561	household or with the person protected under the order in a
562	562	threatening or harassing manner;
563	563	(B) a threat through any person to a member of the
564	564	family or household or to the person protected under the order; or
565	565	(C) if the magistrate finds good cause, in any
566	566	manner with a person protected under the order or a member of the
567	567	family or household of a person protected under the order, except
568	568	through the party's attorney or a person appointed by the court;
569	569	(3) going to or near:
570	570	(A) the residence, place of employment, or
571	571	business of a member of the family or household or of the person
572	572	protected under the order; or
573	573	(B) the residence, child care facility, or school
574	574	where a child protected under the order resides or attends;
575	575	(4) possessing a firearm, unless the person possesses
576	576	the firearm for the actual discharge of the person's official
577	577	duties as:
578	578	(A) [is] a peace officer, as defined by Section
579	579	1.07, Penal Code; or
580	580	(B) a member of the armed forces or state
581	581	military forces, as defined by Section 431.001, Government Code [,
582	582	actively engaged in employment as a sworn, full-time paid employee
583	583	of a state agency or political subdivision]; or
584	584	(5) tracking or monitoring personal property or a
585	585	motor vehicle in the possession of the person protected under the
586	586	order or of a member of the family or household of the person
587	587	protected under the order, without the protected person's effective
588	588	consent, including by:
589	589	(A) using a tracking application on a personal
590	590	electronic device in the possession of the person or the family or
591	591	household member or using a tracking device; or
592	592	(B) physically following the person or the family
593	593	or household member or causing another to physically follow the
594	594	person or member.
595	595	(g) An order for emergency protection issued under this
596	596	article must contain the following statements printed in bold-face
597	597	type or in capital letters:
598	598	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
599	599	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
600	600	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
601	601	RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
602	602	MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
603	603	VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE
604	604	FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
605	605	LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER
606	606	THAN A PERSON WHO POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF
607	607	THE PERSON'S OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY
608	608	SECTION 1.07, PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR
609	609	STATE MILITARY FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT
610	610	CODE [ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID
611	611	EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION], WHO IS
612	612	SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE
613	613	PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
614	614	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
615	615	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
616	616	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
617	617	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
618	618	UNLESS A COURT CHANGES THE ORDER."
619	619	SECTION 4.05. Chapter 18, Code of Criminal Procedure, is
620	620	amended by adding Article 18.192 to read as follows:
621	621	Art. 18.192. HOLDING AND DISPOSITION OF FIREARM
622	622	RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law
623	623	enforcement officer who takes possession of a firearm from a person
624	624	who is the subject of an extreme risk protective order issued under
625	625	Subchapter D, Chapter 7B, shall immediately provide the person with
626	626	a written copy of the receipt for the firearm and a written notice
627	627	of the procedure for the return of a firearm under this article.
628	628	(b) Not later than the seventh day after the date a firearm
629	629	subject to disposition under this article is received, the law
630	630	enforcement agency holding the firearm shall notify the court that
631	631	issued the extreme risk protective order that the person who is the
632	632	subject of the order has relinquished the firearm.
633	633	(c) Not later than the 30th day after the date the extreme
634	634	risk protective order is rescinded or expires, the clerk of the
635	635	court shall notify the law enforcement agency of the rescission or
636	636	expiration.
637	637	(d) Not later than the 30th day after the date the law
638	638	enforcement agency holding a firearm subject to disposition under
639	639	this article receives the notice described by Subsection (c), the
640	640	law enforcement agency shall conduct a check of state and national
641	641	criminal history record information to verify whether the person
642	642	may lawfully possess a firearm under 18 U.S.C. Section 922(g) and
643	643	under the law of this state.
644	644	(e) If the check conducted under Subsection (d) verifies
645	645	that the person may lawfully possess a firearm, the law enforcement
646	646	agency shall provide to the person by certified mail written notice
647	647	stating that the firearm may be returned to the person if the person
648	648	submits a written request before the 121st day after the date of the
649	649	notice.
650	650	(f) An unclaimed firearm that is received under an extreme
651	651	risk protective order issued under Subchapter D, Chapter 7B, may
652	652	not be destroyed or forfeited to the state.
653	653	(g) The law enforcement agency holding the firearm may
654	654	provide for the firearm to be sold by a firearms dealer licensed
655	655	under 18 U.S.C. Section 923 if:
656	656	(1) the check conducted under Subsection (d) shows
657	657	that the person may not lawfully possess a firearm; or
658	658	(2) the notice is provided under Subsection (e) and
659	659	the person does not submit, before the 121st day after the date of
660	660	the notice, a written request for the return of the firearm.
661	661	(h) The proceeds from the sale of a firearm under this
662	662	article shall be paid to the owner of the seized firearm, less the
663	663	cost of administering this article with respect to the firearm.
664	664	SECTION 4.06. Section 85.022(b), Family Code, is amended to
665	665	read as follows:
666	666	(b) In a protective order, the court may prohibit the person
667	667	found to have committed family violence from:
668	668	(1) committing family violence;
669	669	(2) communicating:
670	670	(A) directly with a person protected by an order
671	671	or a member of the family or household of a person protected by an
672	672	order, in a threatening or harassing manner;
673	673	(B) a threat through any person to a person
674	674	protected by an order or a member of the family or household of a
675	675	person protected by an order; and
676	676	(C) if the court finds good cause, in any manner
677	677	with a person protected by an order or a member of the family or
678	678	household of a person protected by an order, except through the
679	679	party's attorney or a person appointed by the court;
680	680	(3) going to or near the residence or place of
681	681	employment or business of a person protected by an order or a member
682	682	of the family or household of a person protected by an order;
683	683	(4) going to or near the residence, child-care
684	684	facility, or school a child protected under the order normally
685	685	attends or in which the child normally resides;
686	686	(5) engaging in conduct directed specifically toward a
687	687	person who is a person protected by an order or a member of the
688	688	family or household of a person protected by an order, including
689	689	following the person, that is reasonably likely to harass, annoy,
690	690	alarm, abuse, torment, or embarrass the person;
691	691	(6) possessing a firearm, unless the person possesses
692	692	the firearm for the actual discharge of the person's official
693	693	duties as:
694	694	(A) [is] a peace officer, as defined by Section
695	695	1.07, Penal Code; or
696	696	(B) a member of the armed forces or state
697	697	military forces, as defined by Section 431.001, Government Code [,
698	698	actively engaged in employment as a sworn, full-time paid employee
699	699	of a state agency or political subdivision];
700	700	(7) harming, threatening, or interfering with the
701	701	care, custody, or control of a pet, companion animal, or assistance
702	702	animal, as defined by Section 121.002, Human Resources Code, that
703	703	is possessed by or is in the actual or constructive care of a person
704	704	protected by an order or by a member of the family or household of a
705	705	person protected by an order; and
706	706	(8) tracking or monitoring personal property or a
707	707	motor vehicle in the possession of a person protected by an order or
708	708	of a member of the family or household of a person protected by an
709	709	order, without the person's effective consent, including by:
710	710	(A) using a tracking application on a personal
711	711	electronic device in the possession of the person or the family or
712	712	household member or using a tracking device; or
713	713	(B) physically following the person or the family
714	714	or household member or causing another to physically follow the
715	715	person or member.
716	716	SECTION 4.07. Section 85.026(a), Family Code, is amended to
717	717	read as follows:
718	718	(a) Each protective order issued under this subtitle,
719	719	including a temporary ex parte order, must contain the following
720	720	prominently displayed statements in boldfaced type, capital
721	721	letters, or underlined:
722	722	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
723	723	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
724	724	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
725	725	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
726	726	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
727	727	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
728	728	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
729	729	UNLESS A COURT CHANGES THE ORDER."
730	730	"IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE
731	731	ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO
732	732	POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S
733	733	OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07,
734	734	PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY
735	735	FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY
736	736	ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE
737	737	AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE
738	738	ORDER TO POSSESS A FIREARM OR AMMUNITION]."
739	739	"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
740	740	CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
741	741	EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
742	742	ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
743	743	IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
744	744	"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
745	745	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
746	746	IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
747	747	"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
748	748	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
749	749	IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
750	750	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
751	751	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
752	752	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
753	753	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
754	754	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
755	755	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
756	756	FOR AT LEAST TWO YEARS."
757	757	SECTION 4.08. Subchapter D, Chapter 411, Government Code,
758	758	is amended by adding Section 411.0522 to read as follows:
759	759	Sec. 411.0522. INFORMATION CONCERNING EXTREME RISK
760	760	PROTECTIVE ORDER. (a) The department by rule shall establish a
761	761	procedure to provide information concerning a person who is the
762	762	subject of an extreme risk protective order issued under Subchapter
763	763	D, Chapter 7B, Code of Criminal Procedure, to the Federal Bureau of
764	764	Investigation for inclusion in the National Instant Criminal
765	765	Background Check System.
766	766	(b) The procedure must require the department to provide any
767	767	information received under Article 7B.158, Code of Criminal
768	768	Procedure, to the Federal Bureau of Investigation not later than 24
769	769	hours after the time the department received the information.
770	770	SECTION 4.09. Section 411.172(a), Government Code, is
771	771	amended to read as follows:
772	772	(a) A person is eligible for a license to carry a handgun if
773	773	the person:
774	774	(1) is a legal resident of this state for the six-month
775	775	period preceding the date of application under this subchapter or
776	776	is otherwise eligible for a license under Section 411.173(a);
777	777	(2) is at least 21 years of age;
778	778	(3) has not been convicted of a felony;
779	779	(4) is not charged with the commission of a Class A or
780	780	Class B misdemeanor or equivalent offense, or of an offense under
781	781	Section 42.01, Penal Code, or equivalent offense, or of a felony
782	782	under an information or indictment;
783	783	(5) is not a fugitive from justice for a felony or a
784	784	Class A or Class B misdemeanor or equivalent offense;
785	785	(6) is not a chemically dependent person;
786	786	(7) is not incapable of exercising sound judgment with
787	787	respect to the proper use and storage of a handgun;
788	788	(8) has not, in the five years preceding the date of
789	789	application, been convicted of a Class A or Class B misdemeanor or
790	790	equivalent offense or of an offense under Section 42.01, Penal
791	791	Code, or equivalent offense;
792	792	(9) is fully qualified under applicable federal and
793	793	state law to purchase a handgun;
794	794	(10) has not been finally determined to be delinquent
795	795	in making a child support payment administered or collected by the
796	796	attorney general;
797	797	(11) has not been finally determined to be delinquent
798	798	in the payment of a tax or other money collected by the comptroller,
799	799	the tax collector of a political subdivision of the state, or any
800	800	agency or subdivision of the state;
801	801	(12) is not currently:
802	802	(A) restricted under a court protective order,
803	803	including an extreme risk protective order issued under Subchapter
804	804	D, Chapter 7B, Code of Criminal Procedure; or
805	805	(B) subject to a restraining order affecting the
806	806	spousal relationship, other than a restraining order solely
807	807	affecting property interests;
808	808	(13) has not, in the 10 years preceding the date of
809	809	application, been adjudicated as having engaged in delinquent
810	810	conduct violating a penal law of the grade of felony; and
811	811	(14) has not made any material misrepresentation, or
812	812	failed to disclose any material fact, in an application submitted
813	813	pursuant to Section 411.174.
814	814	SECTION 4.10. Sections 411.187(a) and (c), Government Code,
815	815	are amended to read as follows:
816	816	(a) The department shall suspend a license under this
817	817	section if the license holder:
818	818	(1) is charged with the commission of a Class A or
819	819	Class B misdemeanor or equivalent offense, or of an offense under
820	820	Section 42.01, Penal Code, or equivalent offense, or of a felony
821	821	under an information or indictment;
822	822	(2) fails to notify the department of a change of
823	823	address, name, or status as required by Section 411.181;
824	824	(3) commits an act of family violence and is the
825	825	subject of an active protective order rendered under Title 4,
826	826	Family Code; [or]
827	827	(4) is arrested for an offense involving family
828	828	violence or an offense under Section 42.072, Penal Code, and is the
829	829	subject of an order for emergency protection issued under Article
830	830	17.292, Code of Criminal Procedure; or
831	831	(5) is the subject of an active protective order
832	832	issued under Subchapter D, Chapter 7B, Code of Criminal Procedure.
833	833	(c) The department shall suspend a license under this
834	834	section:
835	835	(1) for 30 days, if the person's license is subject to
836	836	suspension for the [a] reason listed in Subsection (a)(2)[, (3), or
837	837	(4), except as provided by Subdivision (2)];
838	838	(2) [for not less than one year and not more than three
839	839	years, if the person's license:
840	840	[(A) is subject to suspension for a reason listed
841	841	in Subsection (a), other than the reason listed in Subsection
842	842	(a)(1); and
843	843	[(B) has been previously suspended for the same
844	844	reason;
845	845	[(3)] until dismissal of the charges, if the person's
846	846	license is subject to suspension for the reason listed in
847	847	Subsection (a)(1); or
848	848	(3) [(4)] for the duration of or the period specified
849	849	by:
850	850	(A) the protective order issued under Title 4,
851	851	Family Code, if the person's license is subject to suspension for
852	852	the reason listed in Subsection (a)(3) [(a)(5)]; [or]
853	853	(B) the order for emergency protection issued
854	854	under Article 17.292, Code of Criminal Procedure, if the person's
855	855	license is subject to suspension for the reason listed in
856	856	Subsection (a)(4); or
857	857	(C) the extreme risk protective order issued
858	858	under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the
859	859	person's license is subject to suspension for the reason listed in
860	860	Subsection (a)(5) [(a)(6)].
861	861	SECTION 4.11. Chapter 37, Penal Code, is amended by adding
862	862	Section 37.083 to read as follows:
863	863	Sec. 37.083. FALSE REPORT REGARDING REQUEST FOR EXTREME
864	864	RISK PROTECTIVE ORDER. (a) A person commits an offense if, with
865	865	intent to deceive, the person makes a statement that the person
866	866	knows to be false to a peace officer relating to a request that the
867	867	officer file an application for an extreme risk protective order
868	868	under Subchapter D, Chapter 7B, Code of Criminal Procedure.
869	869	(b) An offense under this section is a Class B misdemeanor.
870	870	(c) If conduct that constitutes an offense under this
871	871	section also constitutes an offense under another law, the actor
872	872	may be prosecuted under this section, the other law, or both.
873	873	SECTION 4.12. Section 46.04, Penal Code, is amended by
874	874	amending Subsections (c) and (e) and adding Subsections (c-1) and
875	875	(c-2) to read as follows:
876	876	(c) A person [, other than a peace officer, as defined by
877	877	Section 1.07, actively engaged in employment as a sworn, full-time
878	878	paid employee of a state agency or political subdivision,] who is
879	879	subject to an order issued under Section 6.504 or Chapter 85, Family
880	880	Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of
881	881	Criminal Procedure, or by another jurisdiction as provided by
882	882	Chapter 88, Family Code, commits an offense if the person possesses
883	883	a firearm after receiving notice of the order and before expiration
884	884	of the order.
885	885	(c-1) It is a defense to prosecution under Subsection (c)
886	886	that the actor possessed the firearm for the actual discharge of
887	887	official duties as:
888	888	(1) a peace officer, as defined by Section 1.07; or
889	889	(2) a member of the armed forces or state military
890	890	forces, as defined by Section 431.001, Government Code.
891	891	(c-2) A person commits an offense if, after receiving notice
892	892	that the person is subject to an extreme risk protective order
893	893	issued under Subchapter D, Chapter 7B, Code of Criminal Procedure,
894	894	and before rescission or expiration of the order, the person
895	895	purchases, owns, possesses, or controls a firearm in violation of
896	896	the order.
897	897	(e) An offense under Subsection (a) is a felony of the third
898	898	degree. An offense under Subsection (a-1), (b), [or] (c), or (c-2)
899	899	is a Class A misdemeanor.
900	900	SECTION 4.13. Not later than October 1, 2025, the
901	901	Department of Public Safety shall adopt rules as required by
902	902	Section 411.0522, Government Code, as added by this article.
903	903	SECTION 4.14. The change in law made by this article
904	904	relating to the contents of a protective order or a magistrate's
905	905	order for emergency protection applies to an order issued on or
906	906	after the effective date of this Act. An order issued before that
907	907	date is governed by the law as it existed immediately before the
908	908	effective date of this Act, and the former law is continued in
909	909	effect for that purpose.
910	910	SECTION 4.15. Section 46.04, Penal Code, as amended by this
911	911	article, applies only to an offense committed on or after the
912	912	effective date of this Act. An offense committed before the
913	913	effective date of this Act is governed by the law in effect on the
914	914	date the offense was committed, and the former law is continued in
915	915	effect for that purpose. For purposes of this section, an offense
916	916	was committed before the effective date of this Act if any element
917	917	of the offense occurred before that date.
918	918	ARTICLE 5. CONFLICTS; EFFECTIVE DATE
919	919	SECTION 5.01. To the extent of any conflict, this Act
920	920	prevails over another Act of the 89th Legislature, Regular Session,
921	921	2025, relating to nonsubstantive additions to and corrections in
922	922	enacted codes.
923	923	SECTION 5.02. This Act takes effect September 1, 2025.