79R2760 UM-D

By:  Ellis                                                        S.B. No. 869



A BILL TO BE ENTITLED

AN ACT

relating to the collection and dissemination of certain information 
for a federal firearm background check.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 411, Government Code, is 
amended by adding Sections 411.052 and 411.0521 to read as follows:
	Sec. 411.052.  FEDERAL FIREARM REPORTING.  (a)  In this 
section, "federal prohibited person information" means information 
that identifies an individual as:
		(1)  a person ordered by a court to receive inpatient 
mental health services under Chapter 574, Health and Safety Code;
		(2)  a person with mental retardation committed by a 
court for long-term placement in a residential care facility under 
Chapter 593, Health and Safety Code;
		(3)  an incapacitated adult individual for whom a court 
has appointed a guardian with full authority over the individual 
under Chapter XIII, Probate Code; or
		(4)  a person determined to be incompetent to stand 
trial under Chapter 46B, Code of Criminal Procedure.
	(b)  The department by rule shall establish a procedure to 
provide federal prohibited person information to the Federal Bureau 
of Investigation for use with the National Instant Criminal 
Background Check System.  Except as otherwise provided by state 
law, the department may disseminate federal prohibited person 
information under this subsection only to the extent necessary to 
allow the Federal Bureau of Investigation to collect and maintain a 
list of persons who are prohibited under federal law from engaging 
in certain activities with respect to a firearm.
	(c)  The department shall grant access to federal prohibited 
person information to the person who is the subject of the 
information.
	(d)  Federal prohibited person information maintained by the 
department is confidential information for the use of the 
department and, except as otherwise provided by this section and 
other state law, may not be disseminated by the department.
	Sec. 411.0521.  REPORT BY COURT TO DEPARTMENT OF PUBLIC 
SAFETY.  (a)  The clerk of the court shall prepare and forward to the 
Department of Public Safety the information described by Subsection 
(b) not later than the 30th day after the date the court:
		(1)  orders a person to receive inpatient mental health 
services under Chapter 574, Health and Safety Code;
		(2)  commits a person with mental retardation for 
long-term placement in a residential care facility under Chapter 
593, Health and Safety Code;
		(3)  appoints a guardian with full authority over an 
incapacitated adult individual under Chapter XIII, Probate Code; or
		(4)  determines a person is incompetent to stand trial 
under Chapter 46B, Code of Criminal Procedure.
	(b)  The clerk of the court shall prepare and forward the 
following information under Subsection (a):
		(1)  the complete name, race, and sex of the person;                   
		(2)  any known identifying number of the person, 
including social security number, driver's license number, or state 
identification number;
		(3)  the person's date of birth; and                                   
		(4)  a certified copy of:                                              
			(A)  the order for inpatient mental health 
services;                
			(B)  the order committing the person to a 
residential care facility;
			(C)  the order appointing a guardian; or                              
			(D)  the order determining that the person is 
incompetent to stand trial.
	(c)  The duty of a clerk to prepare and forward information 
under this section is not affected by:
		(1)  any subsequent appeal of the court order;                         
		(2)  any subsequent modification of the court order; or                
		(3)  the expiration of the court order.                                
	SECTION 2.  Each clerk of the court shall prepare and forward 
information required to be forwarded to the Department of Public 
Safety by Section 411.0521, Government Code, as added by this Act, 
for each order issued on or after September 1, 2001.  Not later than 
September 1, 2006, each clerk of the court shall prepare and forward 
the information for any court orders issued on or after September 1, 
2001, and before September 1, 2005.
	SECTION 3.  This Act takes effect September 1, 2005.