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A BILL TO BE ENTITLED
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AN ACT
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relating to federal firearm reporting for a person who has been |
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released from an emergency detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 411.052, Government Code, is amended to |
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read as follows: |
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(a) In this section, "federal prohibited person |
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information" means information 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 acquitted 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 by a court to receive inpatient treatment or |
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residential care under Chapter 46C, Code of Criminal Procedure; |
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(3) a person determined to have mental retardation and |
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committed by a court for long-term placement in a residential care |
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facility under Chapter 593, Health and Safety Code; |
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(4) an incapacitated adult individual for whom a court |
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has appointed a guardian of the individual under Chapter XIII, |
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Probate Code, based on the determination that the person lacks the |
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mental capacity to manage the person's affairs; [or] |
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(5) 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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(6) a person within the last 30 days has been released |
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from an emergency detention under Chapter 573, Health and Safety |
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Code. |
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SECTION 2. Section 573.0022, Health and Safety Code, is |
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added to read as follows: |
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(a) As soon as practicable, but not later than the first |
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working day after the date a peace officer takes a person who is a |
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ward into custody, the peace officer shall provide the information |
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on the person subject to the emergency detention to the Federal |
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Bureau 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 information under this |
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subsection regarding a person subject to the emergency detention |
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under this subchapter only to the extent necessary to allow the |
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Federal Bureau of Investigation to collect and maintain a list of |
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persons who are prohibited under federal law from engaging in |
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certain activities with respect to a firearm. |
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(b) The department shall grant access to the information |
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under this section to the person who is the subject of the |
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information. |
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(c) Information maintained by the department regarding a |
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person who is subject to the emergency detention under this |
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subchapter 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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(d) The department by rule shall establish a procedure to |
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correct department records to reflect the date of any person who has |
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been released from emergency detention under this subchapter and a |
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procedure to transmit the corrected records to the Federal Bureau |
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of Investigation. |
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SECTION 3. Section 573.025, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 573.025. RIGHTS OF PERSONS APPREHENDED, DETAINED, OR |
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TRANSPORTED FOR EMERGENCY DETENTION. (a) A person apprehended, |
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detained, or transported for emergency detention under this chapter |
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has the right: |
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(1) to be advised of the location of detention, the |
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reasons for the detention, and the fact that the detention could |
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result in a longer period of involuntary commitment; |
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(2) to a reasonable opportunity to communicate with |
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and retain an attorney; |
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(3) to be transported to a location as provided by |
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Section 573.024 if the person is not admitted for emergency |
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detention, unless the person is arrested or objects; |
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(4) to be released from a facility as provided by |
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Section 573.023; |
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(5) to be advised that communications with a mental |
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health professional may be used in proceedings for further |
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detention; |
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(6) to be transported in accordance with Sections |
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573.026 and 574.045, if the person is detained under Section |
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573.022 or transported under an order of protective custody under |
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Section 574.023; [and] |
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(7) to a reasonable opportunity to communicate with a |
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relative or other responsible person who has a proper interest in |
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the person's welfare; and |
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(8) be advised that their ability to purchase a |
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firearm upon discharge will be prohibited for 30 days. |
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SECTION 4. Section 573.027, Health and Safety Code, is |
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added to read as follows: |
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Sec. 573.027. 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) Upon release under Section 573.023, the facility 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 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 facility has released the |
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person pursuant to Section 573.023. |
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(c) If practicable, the facility 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 department by rule shall establish a procedure to |
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provide the information submitted by the facility under this |
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section regarding release from emergency detention to the Federal |
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Bureau 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 information under this |
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subsection regarding a person who has been released from emergency |
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detention under this subchapter 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 shall grant access to the information |
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under this section to the person who is the subject of the |
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information. |
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(f) Information maintained by the department regarding a |
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person who has been released from emergency detention under this |
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subchapter 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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(g) The department by rule shall establish a procedure to |
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correct department records to reflect the date of any person who has |
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been released from emergency detention under this subchapter and a |
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procedure to transmit the corrected records to the Federal Bureau |
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of Investigation. |
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SECTION 5. This Act takes effect September 1, 2023. |