89R3076 EAS-F

By: Gámez H.B. No. 2161

A BILL TO BE ENTITLED

AN ACT

relating to federal firearm reporting for persons recently released from emergency detention.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.052(a), Government Code, is amended to read as follows:

(a) In this section, "federal prohibited person information" means information that identifies:

(1) an individual who is at least 16 years of age as:

(A) a person ordered by a court to receive inpatient mental health services under Chapter 574, Health and Safety Code;

(B) a person acquitted in a criminal case by reason of insanity or lack of mental responsibility, regardless of whether the person is ordered by a court to receive inpatient treatment or residential care under Chapter 46C, Code of Criminal Procedure;

(C) a person determined to have an intellectual disability and committed by a court for long-term placement in a residential care facility under Chapter 593, Health and Safety Code; or

(D) a person determined to be incompetent to stand trial under Chapter 46B, Code of Criminal Procedure;

(2) a child who is at least 16 years of age and has been:

(A) found unfit to proceed under Subchapter C, Chapter 55, Family Code, as a result of mental illness or an intellectual disability;

(B) found not responsible for the child's conduct under Subchapter D, Chapter 55, Family Code, as a result of mental illness or an intellectual disability;

(C) ordered by a court to receive inpatient mental health services under Subchapter B, C, or D, Chapter 55, Family Code, as a result of mental illness; or

(D) committed by a court to a residential care facility under Subchapter C or D, Chapter 55, Family Code, as a result of an intellectual disability; [or]

(3) a person who is released from emergency detention under Chapter 573, Health and Safety Code, and is prohibited under federal law from engaging in certain activities involving a firearm on a date earlier than the 30th day following the release date; or

(4) an incapacitated adult person for whom a court has appointed a guardian of the person under Title 3, Estates Code, based on the determination that the person lacks the mental capacity to manage the person's affairs.

SECTION 2. Subchapter A, Chapter 573, Health and Safety Code, is amended by adding Section 573.0022 to read as follows:

Sec. 573.0022. NOTIFICATION SUBMITTED TO DEPARTMENT OF PUBLIC SAFETY REGARDING WARD. (a) In this section, "department" means the Department of Public Safety of the State of Texas.

(b) As soon as practicable but not later than the first working day after the date a peace officer places a person who is a ward into custody under this subchapter, the peace officer shall provide information on the ward to the department for the department to provide to the Federal Bureau of Investigation for use with the National Instant Criminal Background Check System. Except as otherwise provided by state law, the department may disseminate information on a ward described by this subsection only to the extent necessary to allow the Federal Bureau of Investigation to collect and maintain a list of persons who under federal law are prohibited from engaging in certain activities involving a firearm.

(c) The department shall provide to a ward described by this section access to information on the ward that is submitted to the department.

(d) Information the department maintains on a ward described by this section is confidential and may not be disclosed by the department except as otherwise provided by this section or other state law.

(e) The department by rule shall establish a procedure to ensure department records reflect the date a ward is released from emergency detention under this subchapter and a procedure to transmit the records to the Federal Bureau of Investigation.

SECTION 3. Section 573.025(a), Health and Safety Code, is amended to read as follows:

(a) A person apprehended, detained, or transported for emergency detention under this chapter has the right:

(1) to be advised of the location of detention, the reasons for the detention, and the fact that the detention could result in a longer period of involuntary commitment;

(2) to a reasonable opportunity to communicate with and retain an attorney;

(3) to be transported to a location as provided by Section 573.024 if the person is not admitted for emergency detention, unless the person is arrested or objects;

(4) to be released from a facility as provided by Section 573.023;

(5) to be advised that communications with a mental health professional may be used in proceedings for further detention;

(6) to be transported in accordance with Sections 573.026 and 574.045, if the person is detained under Section 573.022 or transported under an order of protective custody under Section 574.023; [and]

(7) to a reasonable opportunity to communicate with a relative or other responsible person who has a proper interest in the person's welfare; and

(8) to be advised the person is prohibited from purchasing a firearm before the 30th day following the date the person is released from emergency detention.

SECTION 4. Subchapter C, Chapter 573, Health and Safety Code, is amended by adding Section 573.027 to read as follows:

Sec. 573.027. NOTIFICATION SUBMITTED TO DEPARTMENT OF PUBLIC SAFETY. (a) In this section, "department" means the Department of Public Safety of the State of Texas.

(b) After a person's release under Section 573.023, the facility from which the person was released shall submit to the department:

(1) the person's name, race, and sex;

(2) any known identifying number concerning the person, including an applicable social security number, driver's license number, or state identification number;

(3) the person's date of birth; and

(4) a statement of the facility's release of the person under Section 573.023.

(c) If practicable, a facility shall submit to the department the information described by Subsection (b) in an electronic format the department prescribes.

(d) The department by rule shall establish a procedure to provide the information a facility submits under this section regarding a person released from emergency detention to the Federal Bureau of Investigation for use with the National Instant Criminal Background Check System. Except as otherwise provided by state law, the department may disseminate information on a person described by this subsection only to the extent necessary to allow the Federal Bureau of Investigation to collect and maintain a list of persons who are prohibited under federal law from engaging in certain activities with respect to a firearm.

(e) The department shall provide to a person described by this section access to the department's information on the person.

(f) Information the department maintains on a person described by this section is confidential and may not be disclosed by the department except as otherwise provided by this section or other state law.

(g) The department by rule shall establish a procedure to ensure department records reflect the date a person is released from emergency detention under this subchapter and a procedure to transmit the records to the Federal Bureau of Investigation.

SECTION 5. The changes in law made by this Act apply only to an emergency detention that begins on or after the effective date of this Act. An emergency detention that begins before the effective date of this Act is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2025.