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Amend CSHB 13 by adding the following appropriately numbered
SECTIONS to the bill and renumbering subsequent SECTIONS
accordingly:
SECTION ____. 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;
(4) a person determined to be incompetent to stand
trial under Chapter 46B, Code of Criminal Procedure; or
(5) a person acquitted in a criminal case by reason of
insanity.
(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.
(e) The department by rule shall establish a procedure to
correct the department's records and update the information sent to
the Federal Bureau of Investigation when a person provides:
(1) proof that the person has obtained notice of
relief from disabilities under 27 C.F.R. Section 478.144; and
(2) a copy of a judicial order or finding stating that
the person no longer suffers from mental illness or mental
retardation or is no longer incompetent to stand trial or an
incapacitated adult.
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;
(4) determines a person is incompetent to stand trial
under Chapter 46B, Code of Criminal Procedure; or
(5) acquits a person in a criminal case by reason of
insanity.
(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;
(D) the order determining that the person is
incompetent to stand trial; or
(E) the order acquitting a person in a criminal
case by reason of insanity.
(c) As soon as practicable after the date the information
becomes available, the clerk of the court shall also prepare and
forward to the Department of Public Safety the following
information regarding a court order previously reported to the
department under Subsection (a):
(1) a subsequent reversal or modification of the order
by any court; or
(2) notification of the expiration of the order, if
applicable.
(d) 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 ____. 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, 2003. Not
later than September 1, 2008, each clerk of the court shall prepare
and forward the information for any court orders issued on or after
September 1, 2003, and before September 1, 2007.