88R468 JSC-F
 
  By: Johnson of Dallas H.B. No. 544
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reporting of certain orders and convictions to the
  Department of Public Safety and Federal Bureau of Investigation for
  use with the National Instant Criminal Background Check System for
  the transfer of firearms.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 7B, Code of Criminal
  Procedure, is amended by adding Article 7B.0085 to read as follows:
         Art. 7B.0085.  REPORTING. For an original or modified
  protective order issued under this subchapter, on receipt of the
  order from the clerk of the court, a law enforcement agency shall
  immediately, but not later than the third business day after the
  date the order is received, enter the information required by
  Section 411.042(b)(6), Government Code, into the statewide law
  enforcement information system maintained by the Department of
  Public Safety.
         SECTION 2.  Subchapter B, Chapter 7B, Code of Criminal
  Procedure, is amended by adding Article 7B.054 to read as follows:
         Art. 7B.054.  REPORTING. For an original or modified
  protective order issued under this subchapter, on receipt of the
  order from the clerk of the court, a law enforcement agency shall
  immediately, but not later than the third business day after the
  date the order is received, enter the information required by
  Section 411.042(b)(6), Government Code, into the statewide law
  enforcement information system maintained by the Department of
  Public Safety.
         SECTION 3.  Article 66.252, Code of Criminal Procedure, is
  amended by amending Subsections (b) and (d) and adding Subsections
  (d-1) and (h) to read as follows:
         (b)  The arresting law enforcement agency shall prepare a
  uniform incident fingerprint card described by Article 66.251 and
  initiate the reporting process for each offender charged with:
               (1)  a felony;
               (2)  a misdemeanor for which a term of confinement may
  be imposed; or
               (3)  a misdemeanor punishable by fine only that
  involves family violence[, as defined by Section 71.004, Family
  Code].
         (d)  Except as provided by Subsection (d-1) or (e) or as
  otherwise required by applicable state law or rule, information or
  data required by this chapter to be reported to the Department of
  Public Safety or the Texas Department of Criminal Justice shall be
  reported promptly but not later than the 30th day after the date on
  which the information or data is received by the agency responsible
  for reporting it.
         (d-1)  A conviction for an offense involving family violence
  that would prohibit a person from possessing a firearm under state
  or federal law shall be reported to the Department of Public Safety
  not later than the fifth calendar day after the date the judgment of
  conviction is entered.
         (h)  For purposes of this article, "family violence" has the
  meaning assigned by Section 71.004, Family Code.
         SECTION 4.  Subchapter D, Chapter 411, Government Code, is
  amended by adding Section 411.0525 to read as follows:
         Sec. 411.0525.  REPORTING OF CERTAIN PROTECTIVE ORDERS AND
  FAMILY VIOLENCE MISDEMEANOR CONVICTIONS. (a)  In this section:
               (1)  "Family violence misdemeanor" means a misdemeanor
  crime of domestic violence as defined by 18 U.S.C. Section 921.
               (2)  "Protective order" means a court order described
  by 18 U.S.C. Section 922(g)(8).
         (b)  The department shall report to the Federal Bureau of
  Investigation for use with the National Instant Criminal Background
  Check System each protective order and each conviction for a family
  violence misdemeanor not later than the fifth calendar day after
  the date the department receives information that the protective
  order or judgment of conviction was entered.
         SECTION 5.  Articles 7B.0085, 7B.054, and 66.252(d-1), Code
  of Criminal Procedure, as added by this Act, apply only to a
  protective order or judgment of conviction entered on or after the
  effective date of this Act.
         SECTION 6.  Section 411.0525, Government Code, as added by
  this Act, applies only to information received by the Department of
  Public Safety of the State of Texas on or after the effective date
  of this Act.
         SECTION 7.  This Act takes effect September 1, 2023.