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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain persons with chemical dependencies |
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from possessing a firearm; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 462, Health and Safety |
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Code, is amended by adding Sections 462.082 and 462.083 to read as |
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follows: |
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Sec. 462.082. NOTIFICATION OF DEPARTMENT OF PUBLIC SAFETY. |
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(a) In this section, "department" means the Department of Public |
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Safety. |
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(b) Not later than the 30th day after the date the court |
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orders a person to receive chemical dependency treatment under this |
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subchapter, the clerk of the court shall prepare and forward to the |
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department: |
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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 the person's social security number, driver's license |
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number, or state identification number; |
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(3) the person's date of birth; and |
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(4) a statement that the court ordered the person to |
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receive chemical dependency treatment under this subchapter and the |
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basis for that order. |
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(c) If practicable, the clerk shall forward to the |
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department the information described by Subsection (b) in an |
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electronic format prescribed by the department. |
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(d) The clerk shall notify the department of the discharge |
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of a person from court-ordered chemical dependency treatment under |
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this subchapter not later than the 30th day after the date the clerk |
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receives notice of the discharge. If the person is discharged |
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because a treatment order under Subsection (b) was reversed or |
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vacated by order of any court, the clerk shall notify the department |
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of that fact. |
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(e) The duty of a clerk to prepare and forward information |
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as a result of a court order issued under this subchapter is not |
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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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(f) The department by rule shall establish a procedure to |
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provide the information submitted by the court under this section |
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regarding court-ordered chemical dependency treatment 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 information under this |
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subsection regarding a person who is receiving or has received |
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court-ordered chemical dependency treatment under this subchapter |
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only to the extent necessary to allow the Federal Bureau of |
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Investigation to collect and maintain a list of persons who are |
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prohibited under federal law from engaging in certain activities |
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with respect to a firearm. |
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(g) The department shall grant access to the information |
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submitted under this section to the person who is the subject of the |
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information. |
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(h) Information maintained by the department regarding a |
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person who is receiving or has received court-ordered chemical |
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dependency treatment under this subchapter is confidential |
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information for the use of the department and, except as otherwise |
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provided by this section and other state law, may not be |
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disseminated by the department. |
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(i) The department by rule shall establish a procedure to |
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correct department records to reflect the date of any discharge of |
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the person from court-ordered chemical dependency treatment under |
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this subchapter and a procedure to transmit the corrected records |
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to the Federal Bureau of Investigation. The corrected records must |
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indicate whether the person was discharged from treatment because |
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the court order requiring treatment was reversed or vacated. |
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Sec. 462.083. RELIEF FROM DISABILITIES FOLLOWING |
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COURT-ORDERED CHEMICAL DEPENDENCY TREATMENT. (a) A person who is |
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discharged from court-ordered chemical dependency treatment may |
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petition the court that entered the order requiring the treatment |
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for a new order stating that the person qualifies for relief from a |
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firearms disability imposed under 18 U.S.C. Section 922(g)(3) or |
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(4). |
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(b) In determining whether to grant relief, the court must |
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hear and consider evidence about: |
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(1) the circumstances that led to imposition of the |
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firearms disability under 18 U.S.C. Section 922(g)(3) or (4); |
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(2) the person's substance abuse history; |
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(3) the person's criminal history; and |
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(4) the person's reputation. |
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(c) A court may not grant relief unless it makes and enters |
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in the record the following affirmative findings: |
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(1) the person is no longer likely to act in a manner |
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dangerous to public safety; and |
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(2) removing the person's disability to purchase a |
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firearm is in the public interest. |
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(d) Not later than the 30th day after the date the court |
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grants relief under this section, the clerk of the court shall |
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prepare and forward to the department: |
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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 statement that the court has granted the person |
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relief from disabilities under this section. |
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(e) If practicable, the clerk of the court shall forward to |
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the department the information described by Subsection (d) in an |
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electronic format prescribed by the department. |
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(f) If an order previously reported to the department under |
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this section is reversed or vacated by order of any court, the clerk |
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shall notify the department of that fact not later than the 30th day |
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after the date the clerk receives notice of that action. |
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(g) 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 a copy of |
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an order issued under this section or proof that the person has |
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obtained notice of relief from disabilities under 18 U.S.C. Section |
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925. |
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SECTION 2. Section 46.04, Penal Code, is amended by adding |
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Subsection (c-1) and amending Subsection (e) to read as follows: |
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(c-1) A person commits an offense if the person possesses a |
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firearm: |
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(1) while the person is subject to a court order |
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requiring chemical dependency treatment under Subchapter D, |
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Chapter 462, Health and Safety Code; or |
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(2) during the 12-month period following the date of |
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the person's discharge from the treatment described by Subdivision |
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(1), unless the discharge occurs because the order is reversed or |
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vacated. |
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(e) An offense under Subsection (a) is a felony of the third |
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degree. An offense under Subsection (b), [or] (c), or (c-1) is a |
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Class A misdemeanor. |
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SECTION 3. (a) Section 462.082, Health and Safety Code, as |
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added by this Act, applies to a court order for chemical dependency |
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treatment entered on or after the effective date of this Act. A |
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court order for chemical dependency treatment entered 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 court order was entered and the former law is continued in |
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effect for that purpose. |
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(b) Section 462.083, Health and Safety Code, as added by |
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this Act, applies to a petition for relief from disabilities filed |
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on or after the effective date of this Act, regardless of whether |
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the imposition of the firearms disability occurred before, on, or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |