Moody Bill Also Deletes The Longer Handgun License Suspension

The text as introduced · 3,726 words

89R4512 JSC-D

By: Moody
H.B. No. 893

A BILL TO BE ENTITLED

AN ACT

relating to extreme risk protective orders; creating criminal

offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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.

(4) "Local mental health authority" has the meaning

assigned by Section 571.003, Health and Safety Code.

(5) "Serious mental illness" has the meaning assigned

by Section 1355.001, Insurance 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 under 18 years of age and a member of the respondent's family or

household; or

(3) a prosecuting attorney acting:

(A) on behalf of a person described by

Subdivision (1) or (2); or

(B) at the request of a peace officer.

(b) An application must:

(1) include:

(A) detailed allegations, based on personal

knowledge of a person described by Subsection (a)(1) or (2) or of a

peace officer, regarding any dangerous behavior or conduct

exhibited by the respondent as a result of a serious mental illness,

including any behavior or conduct related to the respondent's use

of firearms;

(B) any relevant medical or mental health

information concerning the respondent, including copies of

relevant medical or mental health records, if available;

(C) information concerning the quantity, type,

and location of any firearms the applicant believes to be in the

respondent's possession or control, if any;

(D) any other relevant facts indicating a need

for a protective order under this subchapter; and

(E) 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 serious mental

illness and 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 medical or mental

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 serious mental illness and 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) relinquish, without delay, 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;

(2) if applicable, surrender to the court the

respondent's license to carry a handgun issued under Subchapter H,

Chapter 411, Government Code; and

(3) for purposes of determining whether the respondent

has a serious mental illness, submit to an examination by the local

mental health authority or a disinterested expert who is qualified

to diagnose, and experienced in diagnosing, mental illness.

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) the results of an examination described by

Article 7B.154(b)(3);

(B) any relevant medical or mental health

information concerning the respondent;

(C) any history of threats or acts of violence by

the respondent directed at any person, including the respondent;

(D) any history of the respondent using,

attempting to use, or threatening to use physical force against

another person;

(E) any recent violation by the respondent of an

order issued:

(i) under another provision of this chapter

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;

(F) 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;

(G) any conviction of the respondent for an

offense under Section 42.09, 42.091, or 42.092, Penal Code; and

(H) evidence related to the respondent's abuse of

a controlled substance or alcohol, including evidence of any

treatment for and 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)(E); 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 serious mental illness and 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, immediately 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) relinquish, without delay, 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;

(B) if applicable, surrender to the court the

person's license to carry a handgun issued under Subchapter H,

Chapter 411, Government Code; and

(C) if applicable, receive outpatient mental

health services if recommended by the local mental health authority

or expert after the authority or expert performs an examination

described by Article 7B.154(b)(3); 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 the 30th day after the date 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 of Public Safety 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. Except as otherwise

provided by this subchapter and to the extent applicable, Title 4,

Family Code, applies to a protective order issued under this

subchapter.

SECTION 2. 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.

(i) A law enforcement officer or other employee of a law

enforcement agency is subject to punishment for contempt of court

if the officer or employee violates this article with the intent to

withhold a firearm from a person who, at the time the violation

occurred:

(1) was the subject of an extreme risk protective

order that was rescinded or that expired; and

(2) may lawfully possess the firearm.

SECTION 3. 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 issued under Subchapter

D, Chapter 7B, Code of Criminal Procedure, 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

the 30th day after the date the department received the

information.

SECTION 4. 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 5. 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 extreme risk

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 the [ 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 6. 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) In this section, "prosecuting

attorney" means a district attorney, criminal district attorney, or

county attorney.

(b) A person commits an offense if, with intent to deceive,

the person knowingly makes to a prosecuting attorney or peace

officer a false statement relating to a request that a prosecuting

attorney file an application for an extreme risk protective order

under Subchapter D, Chapter 7B, Code of Criminal Procedure.

(c) An offense under this section is a Class B misdemeanor.

SECTION 7. Section 46.06(a), Penal Code, is amended 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 to any child

younger than 18 years of age any firearm, club, or

location-restricted knife;

(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 handgun to

any person knowing that an active protective order is directed to

the person to whom the handgun is to be delivered;

(6) knowingly purchases, rents, leases, or receives as

a loan or gift from another a 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 firearms dealer licensed under

18 U.S.C. Section 923 ; or

(8) sells, rents, leases, loans, or gives a firearm to

any person knowing that an active extreme risk protective order

under Subchapter D, Chapter 7B, Code of Criminal Procedure, is

directed to the person to whom the firearm is to be delivered .

SECTION 8. Section 46.06, Penal Code, as amended by this

Act, 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.

SECTION 9. Not later than October 1, 2025, the Department of

Public Safety shall adopt rules as required by Section 411.0522,

Government Code, as added by this Act.

SECTION 10. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 11. This Act takes effect September 1, 2025.