Under 21? A Conversion Kit Counts As An Assault Weapon

The text as introduced · 7,920 words

89R2209 AJZ-D

By: Gutierrez, et al.
S.B. No. 1658

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, 2025.

(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 firearms dealer licensed under

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;

(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 ]; and

(E) tracking or monitoring personal property or a

motor vehicle in the possession of the applicant or of a member of

the applicant's family or household, without the applicant's

effective consent, including by:

(i) using a tracking application on a

personal electronic device in the possession of the applicant or

the family or household member or using a tracking device; or

(ii) physically following the applicant or

the family or household member or causing another to physically

follow the applicant or member.

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 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;

(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 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 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;

(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 ]; or

(5) tracking or monitoring personal property or a

motor vehicle in the possession of the person protected under the

order or of a member of the family or household of the person

protected under the order, without the protected person's effective

consent, including by:

(A) using a tracking application on a personal

electronic device in the possession of the person or the family or

household member or using a tracking device; or

(B) physically following the person or the family

or household member or causing another to physically follow the

person or member.

(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 with

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 ];

(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; and

(8) tracking or monitoring personal property or a

motor vehicle in the possession of a person protected by an order or

of a member of the family or household of a person protected by an

order, without the person's effective consent, including by:

(A) using a tracking application on a personal

electronic device in the possession of the person or the family or

household member or using a tracking device; or

(B) physically following the person or the family

or household member or causing another to physically follow the

person or member.

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 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 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 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 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, 2025, 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. CONFLICTS; EFFECTIVE DATE

SECTION 5.01. 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 5.02. This Act takes effect September 1, 2025.