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AN ACT
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relating to the collection, dissemination, and correction of |
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certain judicial determinations for a federal firearm background |
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check. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Sections 411.052 and 411.0521 to read as follows: |
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Sec. 411.052. FEDERAL FIREARM REPORTING. (a) In this |
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section, "federal prohibited person information" means information |
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that identifies an individual as: |
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(1) a person ordered by a court to receive inpatient |
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mental health services under Chapter 574, Health and Safety Code; |
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(2) a person acquitted in a criminal case by reason of |
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insanity or lack of mental responsibility, regardless of whether |
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the person is ordered by a court to receive inpatient treatment or |
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residential care under Chapter 46C, Code of Criminal Procedure; |
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(3) a person determined to have mental retardation and |
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committed by a court for long-term placement in a residential care |
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facility under Chapter 593, Health and Safety Code; |
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(4) an incapacitated adult individual for whom a court |
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has appointed a guardian of the individual under Chapter XIII, |
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Probate Code, based on the determination that the person lacks the |
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mental capacity to manage the person's affairs; or |
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(5) a person determined to be incompetent to stand |
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trial under Chapter 46B, Code of Criminal Procedure. |
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(b) The department by rule shall establish a procedure to |
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provide federal prohibited person information to the Federal Bureau |
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of Investigation for use with the National Instant Criminal |
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Background Check System. Except as otherwise provided by state |
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law, the department may disseminate federal prohibited person |
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information under this subsection only to the extent necessary to |
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allow the Federal Bureau of Investigation to collect and maintain a |
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list of persons who are prohibited under federal law from engaging |
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in certain activities with respect to a firearm. |
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(c) The department shall grant access to federal prohibited |
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person information to the person who is the subject of the |
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information. |
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(d) Federal prohibited person information maintained by the |
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department is confidential information for the use of the |
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department and, except as otherwise provided by this section and |
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other state law, may not be disseminated by the department. |
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(e) The department by rule shall establish a procedure to |
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correct department records and transmit those corrected records to |
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the Federal Bureau of Investigation when a person provides: |
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(1) a copy of a judicial order or finding that a person |
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is no longer an incapacitated adult or is entitled to relief from |
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disabilities under Section 574.088, Health and Safety Code; or |
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(2) proof that the person has obtained notice of |
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relief from disabilities under 18 U.S.C. Section 925. |
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Sec. 411.0521. REPORT TO DEPARTMENT CONCERNING CERTAIN |
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PERSONS' ACCESS TO FIREARMS. (a) The clerk of the court shall |
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prepare and forward to the department the information described by |
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Subsection (b) not later than the 30th day after the date the court: |
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(1) orders a person to receive inpatient mental health |
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services under Chapter 574, Health and Safety Code; |
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(2) acquits a person in a criminal case by reason of |
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insanity or lack of mental responsibility, regardless of whether |
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the person is ordered to receive inpatient treatment or residential |
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care under Chapter 46C, Code of Criminal Procedure; |
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(3) commits a person determined to have mental |
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retardation for long-term placement in a residential care facility |
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under Chapter 593, Health and Safety Code; |
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(4) appoints a guardian of the incapacitated adult |
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individual under Chapter XIII, Probate Code, based on the |
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determination that the person lacks the mental capacity to manage |
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the person's affairs; |
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(5) determines a person is incompetent to stand trial |
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under Chapter 46B, Code of Criminal Procedure; or |
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(6) finds a person is entitled to relief from |
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disabilities under Section 574.088, Health and Safety Code. |
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(b) The clerk of the court shall prepare and forward the |
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following information under Subsection (a): |
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(1) the complete name, race, and sex of the person; |
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(2) any known identifying number of the person, |
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including social security number, driver's license number, or state |
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identification number; |
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(3) the person's date of birth; and |
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(4) the federal prohibited person information that is |
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the basis of the report required by this section. |
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(c) If practicable, the clerk of the court shall forward to |
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the department the information described by Subsection (b) in an |
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electronic format prescribed by the department. |
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(d) If an order previously reported to the department under |
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Subsection (a) is reversed by order of any court, the clerk shall |
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notify the department of the reversal not later than 30 days after |
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the clerk receives the mandate from the appellate court. |
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(e) The duty of a clerk to prepare and forward information |
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under this section is not affected by: |
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(1) any subsequent appeal of the court order; |
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(2) any subsequent modification of the court order; or |
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(3) the expiration of the court order. |
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SECTION 2. Subchapter F, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.088 to read as follows: |
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Sec. 574.088. RELIEF FROM DISABILITIES IN MENTAL HEALTH |
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CASES. (a) A person who is furloughed or discharged from |
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court-ordered mental health services may petition the court that |
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entered the commitment order for an order stating that the person |
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qualifies for relief from a firearms disability. |
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(b) In determining whether to grant relief, the court must |
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hear and consider evidence about: |
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(1) the circumstances that led to imposition of the |
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firearms disability under 18 U.S.C. Section 922(g)(4); |
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(2) the person's mental history; |
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(3) the person's criminal history; and |
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(4) the person's reputation. |
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(c) A court may not grant relief unless it makes and enters |
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in the record the following affirmative findings: |
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(1) the person is no longer likely to act in a manner |
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dangerous to public safety; and |
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(2) removing the person's disability to purchase a |
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firearm is in the public interest. |
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SECTION 3. Each clerk of the court shall prepare and forward |
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information for each order issued on or after September 1, 1989, to |
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the Department of Public Safety as required by Section 411.0521, |
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Government Code, as added by this Act. Not later than September 1, |
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2010, each clerk of the court shall prepare and forward information |
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for any court orders issued on or after September 1, 1989, and |
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before September 1, 2009. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3352 was passed by the House on April |
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30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3352 on May 29, 2009, by the following vote: Yeas 93, Nays 49, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3352 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |