Texas 2023 - 88th Regular

Texas Senate Bill SB728

Filed
2/7/23  
Out of Senate Committee
3/3/23  
Voted on by Senate
3/8/23  
Out of House Committee
5/11/23  
Voted on by House
5/17/23  
Governor Action
6/2/23  

Caption

Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.

Impact

The implementation of SB 728 will significantly affect how Texas courts and the Department of Public Safety report mental health adjudications. The bill mandates that clerks notify the Department of records pertaining to mental incapacity or adjudications related to juveniles, thereby fulfilling federal requirements and enhancing public safety. This legislative change is aimed at preventing potential tragedies by restricting firearm access to those who may pose a danger due to mental health issues. As such, it not only addresses compliance with federal law but also reflects a proactive approach to protect communities from gun violence.

Summary

Senate Bill 728, authored by Senator Huffman, focuses on the reporting of mental health and intellectual disability information related to certain minors for the purpose of federal firearm background checks. The bill aims to enhance compliance with the National Instant Criminal Background Check System (NICS) by ensuring that mental health adjudications for juveniles aged 16 and older are reported accurately. This aligns state law with recent federal legislation aimed at improving the safety and security of firearms purchases by disqualifying individuals with specific mental health issues from accessing guns. The bill passed the Senate unanimously, suggesting broad bipartisan support for its intent.

Sentiment

The sentiment surrounding SB 728 appears to be largely positive, as it is viewed as a necessary step towards improving firearm safety and mental health awareness. Supporters, including various medical professionals and lawmakers, emphasized the importance of timely reporting to ensure that individuals who require psychiatric care do not gain access to firearms. Nevertheless, there are voices that advocate for more comprehensive measures beyond just reporting, hence the discussion around the bill reveals an understanding that while it is an important step, further action may still be needed to address underlying issues of mental health treatment and firearm accessibility.

Contention

While SB 728 has garnered significant support, discussions reveal some contention regarding the effectiveness and sufficiency of the measures proposed. Some critics argue that merely improving reporting is not enough to address the complexities of the relationship between mental health and gun violence. They express concerns that the bill does not provide enough resources for mental health support or preventive care for the youth. This highlights a broader debate about the balance between protecting public safety and ensuring that individuals with mental health issues receive the support and treatment they need.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 411. Department Of Public Safety Of The State Of Texas
    • Section: 052
    • Section: 0521
    • Section: 052
    • Section: 0521
    • Section: 052
    • Section: 0521
    • Section: 052
    • Section: 0521
    • Section: 052
    • Section: 0521

Family Code

  • Chapter 55. Proceedings Concerning Children With Mental Illness Or Intellectual Disability
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 58. Records; Juvenile Justice Information System
    • Section: New Section
    • Section: New Section

Health And Safety Code

  • Chapter 574. Court-ordered Mental Health Services
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 593. Admission And Commitment To Intellectual Disability Services
    • Section: New Section
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 46. Miscellaneous Provisions Relating To Mental Illness And Intellectual Disability
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB2780

Identical Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.

TX SB1184

Same As Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.

TX SB1184

Same As Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.

Similar Bills

No similar bills found.