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