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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and dissemination of certain information |
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for a federal firearm background 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 with mental retardation committed by a |
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court for long-term placement in a residential care facility under |
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Chapter 593, Health and Safety Code; |
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(3) an incapacitated adult individual for whom a court |
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has appointed a guardian with full authority over the individual |
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under Chapter XIII, Probate Code; |
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(4) a person determined to be incompetent to stand |
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trial under Chapter 46B, Code of Criminal Procedure; or |
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(5) a person acquitted in a criminal case by reason of |
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insanity. |
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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 the department's records and update the information sent to |
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the Federal Bureau of Investigation when a person provides: |
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(1) proof that the person has obtained notice of |
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relief from disabilities under 27 C.F.R. Section 478.144; and |
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(2) a copy of a judicial order or finding stating that |
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the person no longer suffers from mental illness or mental |
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retardation or is no longer incompetent to stand trial or an |
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incapacitated adult. |
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Sec. 411.0521. REPORT BY COURT TO DEPARTMENT OF PUBLIC |
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SAFETY. (a) The clerk of the court shall prepare and forward to |
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the department the information described by Subsection (b) not |
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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) commits a person with mental retardation for |
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long-term placement in a residential care facility under Chapter |
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593, Health and Safety Code; |
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(3) appoints a guardian with full authority over an |
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incapacitated adult individual under Chapter XIII, Probate Code; |
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(4) determines a person is incompetent to stand trial |
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under Chapter 46B, Code of Criminal Procedure; or |
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(5) acquits a person in a criminal case by reason of |
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insanity. |
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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) a certified copy of: |
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(A) the order for inpatient mental health |
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services; |
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(B) the order committing the person to a |
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residential care facility; |
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(C) the order appointing a guardian; |
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(D) the order determining that the person is |
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incompetent to stand trial; or |
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(E) the order acquitting a person in a criminal |
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case by reason of insanity. |
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(c) As soon as practicable after the date the information |
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becomes available, the clerk of the court shall also prepare and |
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forward to the department the following information regarding a |
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court order previously reported to the department under Subsection |
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(a): |
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(1) a subsequent reversal or modification of the order |
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by any court; or |
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(2) notification of the expiration of the order, if |
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applicable. |
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(d) 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. Each clerk of the court shall prepare and forward |
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information required to be forwarded to the Department of Public |
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Safety of the State of Texas by Section 411.0521, Government Code, |
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as added by this Act, for each order issued on or after September 1, |
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2003. Not later than September 1, 2008, each clerk of the court |
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shall prepare and forward the information for any court orders |
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issued on or after September 1, 2003, and before September 1, 2007. |
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SECTION 3. This Act takes effect September 1, 2007. |
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