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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of certain information for purposes of a |
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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. Sections 411.052(a), (b), and (e), Government |
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Code, are amended to read as follows: |
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(a) In this section: |
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(1) "Family violence misdemeanor" means a misdemeanor |
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crime of domestic violence under 18 U.S.C. Section 921. |
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(2) "Federal[, "federal] prohibited person |
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information" means information that identifies an individual as: |
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(A) [(1)] a person ordered by a court to receive |
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inpatient mental health services under Chapter 574, Health and |
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Safety Code; |
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(B) [(2)] a person acquitted in a criminal case |
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by reason of insanity or lack of mental responsibility, regardless |
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of whether the person is ordered by a court to receive inpatient |
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treatment or residential care under Chapter 46C, Code of Criminal |
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Procedure; |
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(C) [(3)] a person determined to have |
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intellectual disabilities [mental retardation] and 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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(D) [(4)] an incapacitated adult individual for |
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whom a court has appointed a guardian of the individual under Title |
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3, Estates Code, based on the determination that the person lacks |
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the mental capacity to manage the person's affairs; [or] |
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(E) [(5)] a person determined to be incompetent |
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to stand trial under Chapter 46B, Code of Criminal Procedure; |
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(F) a person convicted of or placed on deferred |
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adjudication community supervision for a felony; |
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(G) a person convicted of or placed on deferred |
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adjudication community supervision for a family violence |
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misdemeanor; |
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(H) a person subject to a protective order under |
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Chapter 85, Family Code; or |
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(I) a person subject to a magistrate's order for |
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emergency protection under Article 17.292, Code of Criminal |
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Procedure, based on an arrest for an offense involving family |
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violence. |
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(b) The department by rule shall establish a procedure to |
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promptly provide federal prohibited person information to the |
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Federal Bureau of Investigation for use with the National Instant |
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Criminal Background Check System. Except as otherwise provided by |
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state 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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(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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(3) proof that the person is no longer ineligible to |
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possess a firearm based on the commission of a felony or a family |
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violence misdemeanor; or |
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(4) proof that the person is no longer subject to a |
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protective order under Chapter 85, Family Code, or a magistrate's |
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order for emergency protection under Article 17.292, Code of |
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Criminal Procedure. |
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SECTION 2. Section 411.0521(a), Government Code, is amended |
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to read as follows: |
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(a) The clerk of the court shall prepare and forward to the |
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department the information described by Subsection (b) not later |
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than four hours [the 30th day] after the time [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 intellectual |
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disabilities [mental retardation] for long-term placement in a |
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residential care facility under Chapter 593, Health and Safety |
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Code; |
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(4) appoints a guardian of the incapacitated adult |
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individual under Title 3, Estates Code, based on the determination |
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that the person lacks the mental capacity to manage the person's |
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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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(7) enters a judgment of conviction or an order of |
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deferred adjudication community supervision with respect to a |
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felony; |
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(8) enters a judgment of conviction or an order of |
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deferred adjudication community supervision with respect to a |
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family violence misdemeanor as defined by Section 411.052; |
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(9) issues a protective order under Chapter 85, Family |
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Code; or |
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(10) issues a magistrate's order for emergency |
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protection under Article 17.292, Code of Criminal Procedure, based |
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on an arrest for an offense involving family violence. |
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SECTION 3. The change in law made by this Act applies only |
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to a judgment or order entered or issued on or after the effective |
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date of this Act. A judgment or order entered or issued before the |
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effective date of this Act is governed by the law in effect on the |
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date the judgment or order was entered or issued, and the former law |
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is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |