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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of mental health and intellectual |
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disability information with respect to certain children for |
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purposes of a 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. Section 411.052(a), Government Code, is amended |
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to read as follows: |
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(a) In this section, "federal prohibited person |
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information" means information that identifies: |
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(1) an individual who is at least 16 years of age 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 an |
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intellectual disability [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; or |
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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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[(5)] a person determined to be incompetent to stand |
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trial under Chapter 46B, Code of Criminal Procedure; |
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(2) a child who is at least 16 years of age and has |
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been: |
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(A) found unfit to proceed under Subchapter C, |
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Chapter 55, Family Code, as a result of mental illness or an |
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intellectual disability; |
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(B) found not responsible for the child's conduct |
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under Subchapter D, Chapter 55, Family Code, as a result of mental |
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illness or an intellectual disability; |
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(C) ordered by a court to receive inpatient |
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mental health services under Subchapter B, C, or D, Chapter 55, |
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Family Code, as a result of mental illness; or |
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(D) committed by a court to a residential care |
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facility under Subchapter C or D, Chapter 55, Family Code, as a |
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result of an intellectual disability; or |
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(3) an incapacitated adult person for whom a court has |
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appointed a guardian of the person under Title 3, Estates Code, |
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based on the determination that the person lacks the mental |
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capacity to manage the person's affairs. |
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SECTION 2. Section 411.0521, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c-1) to read as |
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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 the 30th day after the date the court: |
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(1) performs any of the following actions: |
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(A) with respect to an individual who is at least |
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16 years of age: |
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(i) [(1)] orders a person 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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(ii) [(2)] acquits a person in a criminal |
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case by reason of insanity or lack of mental responsibility, |
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regardless of whether the person is ordered 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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(iii) [(3)] commits a person determined to |
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have an intellectual disability [mental retardation] for long-term |
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placement in a residential care facility under Chapter 593, Health |
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and Safety Code; |
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(iv) [(4) appoints a guardian of the |
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incapacitated adult individual under Title 3, Estates Code, based |
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on the determination that the person lacks the mental capacity to |
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manage the person's 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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(v) [(6)] finds a person is entitled to |
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relief from disabilities under Section 574.088, Health and Safety |
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Code; or |
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(B) with respect to a child who is at least 16 |
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years of age: |
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(i) finds a child unfit to proceed under |
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Subchapter C, Chapter 55, Family Code, as a result of mental illness |
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or an intellectual disability; |
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(ii) finds a child not responsible for the |
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child's conduct under Subchapter D, Chapter 55, Family Code, as a |
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result of mental illness or an intellectual disability; |
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(iii) orders a child to receive inpatient |
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mental health services under Subchapter B, C, or D, Chapter 55, |
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Family Code, as a result of mental illness; or |
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(iv) commits a child to a residential care |
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facility under Subchapter C or D, Chapter 55, Family Code, as a |
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result of an intellectual disability; or |
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(2) appoints a guardian of the incapacitated adult |
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person under Title 3, Estates Code, based on the determination that |
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the person lacks the mental capacity to manage the person's |
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affairs. |
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(c-1) On request of the department, the clerk of the court |
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shall forward a signed court order containing federal prohibited |
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person information to the department for an audit of records |
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provided to the Federal Bureau of Investigation under Section |
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411.052 for use with the National Instant Criminal Background Check |
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System. If the department determines that a record forwarded under |
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this subsection is incomplete or invalid: |
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(1) the department shall notify the clerk of the |
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court; and |
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(2) the clerk of the court shall forward to the |
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department any additional information or record. |
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SECTION 3. Section 58.007(a), Family Code, is amended to |
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read as follows: |
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(a) This section applies only to the inspection, copying, |
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and maintenance of a record concerning a child and the storage of |
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information, by electronic means or otherwise, concerning the child |
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from which a record could be generated and does not affect the |
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collection, dissemination, or maintenance of information as |
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provided by Subchapter B or D-1. This section does not apply to a |
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record relating to a child that is: |
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(1) required or authorized to be maintained under the |
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laws regulating the operation of motor vehicles in this state; |
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(2) maintained by a municipal or justice court; [or] |
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(3) subject to disclosure under Chapter 62, Code of |
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Criminal Procedure; |
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(4) required to be provided to the Federal Bureau of |
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Investigation under Section 411.052, Government Code, for use with |
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the National Instant Criminal Background Check System; or |
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(5) required to be forwarded to the Department of |
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Public Safety under Section 411.0521, Government Code. |
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SECTION 4. Sections 411.052 and 411.0521, Government Code, |
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as amended by this Act, apply only to a finding, order, or |
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commitment that occurs on or after the effective date of this Act. |
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A finding, order, or commitment that occurred before the effective |
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date of this Act is governed by the law in effect on the date the |
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finding, order, or commitment occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. Section 58.007, Family Code, as amended by this |
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Act, applies to records created before, on, or after the effective |
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date of this Act. |
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SECTION 6. This Act takes effect September 1, 2023. |