81R11343 GCB-D
 
  By: Naishtat H.B. No. 3352
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the collection, dissemination, and correction of
  certain judicial determinations 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 acquitted in a criminal case by reason of
  insanity or lack of mental responsibility, regardless of whether
  the person is ordered by a court to receive inpatient treatment or
  residential care under Chapter 46C, Code of Criminal Procedure;
               (3)  a person determined to have mental retardation and
  committed by a court for long-term placement in a residential care
  facility or state developmental center under Chapter 593, Health
  and Safety Code;
               (4)  an incapacitated adult individual for whom a court
  has appointed a guardian of the individual under Chapter XIII,
  Probate Code, based on the determination that the person lacks the
  mental capacity to manage the person's affairs; or
               (5)  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.
         (e)  The department by rule shall establish a procedure to
  correct department records and transmit those corrected records to
  the Federal Bureau of Investigation when a person provides:
               (1)  a copy of a judicial order or finding that a person
  is no longer an incapacitated adult or is entitled to relief from
  disabilities under Section 574.088, Health and Safety Code; or
               (2)  proof that the person has obtained notice of
  relief from disabilities under 18 U.S.C. Section 925.
         Sec. 411.0521.  REPORT TO DEPARTMENT CONCERNING CERTAIN
  PERSONS' ACCESS TO FIREARMS. (a)  The clerk of the court shall
  prepare and forward to the department 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)  acquits a person in a criminal case by reason of
  insanity or lack of mental responsibility, regardless of whether
  the person is ordered to receive inpatient treatment or residential
  care under Chapter 46C, Code of Criminal Procedure;
               (3)  commits a person determined to have mental
  retardation for long-term placement in a residential care facility
  or state developmental center under Chapter 593, Health and Safety
  Code;
               (4)  appoints a guardian of the incapacitated adult
  individual under Chapter XIII, Probate Code, based on the
  determination that the person lacks the mental capacity to manage
  the person's affairs;
               (5)  determines a person is incompetent to stand trial
  under Chapter 46B, Code of Criminal Procedure; or
               (6)  finds a person is entitled to relief from
  disabilities under Section 574.088, Health and Safety Code.
         (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 copy of or an electronic transmission of
  information continued in:
                     (A)  the order for inpatient mental health
  services;
                     (B)  the order for inpatient treatment or
  residential care;
                     (C)  the order committing the person to a
  residential care facility;
                     (D)  the order appointing a guardian;
                     (E)  the judgment specifying that the person was
  found not guilty of a criminal offense by reason of insanity or lack
  of mental responsibility;
                     (F)  the order determining that the person is
  incompetent to stand trial; or
                     (G)  the order stating that the person is no
  longer an incapacitated adult or is entitled to relief under
  Section 574.088, Health and Safety Code.
         (c)  If practicable, the clerk of the court shall forward to
  the department the information described by Subsection (b) in an
  electronic format prescribed by the department.
         (d)  If an order previously reported to the department under
  Subsection (a) is reversed by order of any court, the clerk shall
  notify the department of the reversal not later than 30 days after
  the clerk receives the mandate from the appellate court.
         (e)  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.  Subchapter F, Chapter 574, Health and Safety
  Code, is amended by adding Section 574.088 to read as follows:
         Sec. 574.088.  RELIEF FROM DISABILITIES IN MENTAL HEALTH
  CASES. (a) A person who is furloughed or discharged from
  court-ordered mental health services may petition the court that
  entered the commitment order for an order stating that the person
  qualifies for relief from a firearms disability.
         (b)  In determining whether to grant relief, the court must
  hear and consider evidence about:
               (1)  the circumstances that led to imposition of the
  firearms disability under 18 U.S.C. Section 922(g)(4);
               (2)  the person's mental history;
               (3)  the person's criminal history; and
               (4)  the person's reputation.
         (c)  A court may not grant relief unless it makes and enters
  in the record the following affirmative findings:
               (1)  the person is no longer likely to act in a manner
  dangerous to public safety; and
               (2)  removing the person's disability to purchase a
  firearm is in the public interest.
         SECTION 3.  Each clerk of the court shall prepare and forward
  information for each order issued on or after September 1, 1999, to
  the Department of Public Safety as required by Section 411.0521,
  Government Code, as added by this Act. Not later than September 1,
  2010, each clerk of the court shall prepare and forward information
  for any court orders issued on or after September 1, 1999, and
  before September 1, 2009.
         SECTION 4.  This Act takes effect September 1, 2009.