| 1 | 1 | | 81R80 UM-D |
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| 2 | 2 | | By: Wentworth S.B. No. 1623 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the collection and dissemination of certain information |
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| 8 | 8 | | for a federal firearm background check. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Sections 411.052 and 411.0521 to read as follows: |
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| 12 | 12 | | Sec. 411.052. FEDERAL FIREARM REPORTING. (a) In this |
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| 13 | 13 | | section, "federal prohibited person information" means information |
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| 14 | 14 | | that identifies an individual as: |
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| 15 | 15 | | (1) a person ordered by a court to receive inpatient |
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| 16 | 16 | | mental health services under Chapter 574, Health and Safety Code; |
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| 17 | 17 | | (2) a person ordered by a court to receive inpatient |
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| 18 | 18 | | treatment or residential care under Chapter 46C, Code of Criminal |
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| 19 | 19 | | Procedure; |
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| 20 | 20 | | (3) a person with mental retardation committed by a |
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| 21 | 21 | | court for long-term placement in a residential care facility under |
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| 22 | 22 | | Chapter 593, Health and Safety Code; |
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| 23 | 23 | | (4) an incapacitated adult individual for whom a court |
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| 24 | 24 | | has appointed a guardian with full authority over the individual |
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| 25 | 25 | | under Chapter XIII, Probate Code; or |
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| 26 | 26 | | (5) a person determined to be incompetent to stand |
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| 27 | 27 | | trial under Chapter 46B, Code of Criminal Procedure. |
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| 28 | 28 | | (b) The department by rule shall establish a procedure to |
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| 29 | 29 | | provide federal prohibited person information to the Federal Bureau |
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| 30 | 30 | | of Investigation for use with the National Instant Criminal |
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| 31 | 31 | | Background Check System. Except as otherwise provided by state |
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| 32 | 32 | | law, the department may disseminate federal prohibited person |
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| 33 | 33 | | information under this subsection only to the extent necessary to |
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| 34 | 34 | | allow the Federal Bureau of Investigation to collect and maintain a |
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| 35 | 35 | | list of persons who are prohibited under federal law from engaging |
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| 36 | 36 | | in certain activities with respect to a firearm. |
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| 37 | 37 | | (c) The department shall grant access to federal prohibited |
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| 38 | 38 | | person information to the person who is the subject of the |
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| 39 | 39 | | information. |
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| 40 | 40 | | (d) Federal prohibited person information maintained by the |
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| 41 | 41 | | department is confidential information for the use of the |
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| 42 | 42 | | department and, except as otherwise provided by this section and |
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| 43 | 43 | | other state law, may not be disseminated by the department. |
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| 44 | 44 | | Sec. 411.0521. REPORT TO DEPARTMENT CONCERNING CERTAIN |
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| 45 | 45 | | PERSONS' ACCESS TO FIREARMS. (a) The clerk of the court shall |
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| 46 | 46 | | prepare and forward to the department the information described by |
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| 47 | 47 | | Subsection (b) not later than the 30th day after the date the court: |
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| 48 | 48 | | (1) orders a person to receive inpatient mental health |
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| 49 | 49 | | services under Chapter 574, Health and Safety Code; |
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| 50 | 50 | | (2) orders a person to receive inpatient treatment or |
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| 51 | 51 | | residential care under Chapter 46C, Code of Criminal Procedure; |
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| 52 | 52 | | (3) commits a person with mental retardation for |
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| 53 | 53 | | long-term placement in a residential care facility under Chapter |
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| 54 | 54 | | 593, Health and Safety Code; |
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| 55 | 55 | | (4) appoints a guardian with full authority over an |
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| 56 | 56 | | incapacitated adult individual under Chapter XIII, Probate Code; or |
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| 57 | 57 | | (5) determines a person is incompetent to stand trial |
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| 58 | 58 | | under Chapter 46B, Code of Criminal Procedure. |
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| 59 | 59 | | (b) The clerk of the court shall prepare and forward the |
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| 60 | 60 | | following information under Subsection (a): |
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| 61 | 61 | | (1) the complete name, race, and sex of the person; |
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| 62 | 62 | | (2) any known identifying number of the person, |
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| 63 | 63 | | including social security number, driver's license number, or state |
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| 64 | 64 | | identification number; |
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| 65 | 65 | | (3) the person's date of birth; and |
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| 66 | 66 | | (4) a certified copy of: |
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| 67 | 67 | | (A) the order for inpatient mental health |
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| 68 | 68 | | services; |
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| 69 | 69 | | (B) the order for inpatient treatment or |
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| 70 | 70 | | residential care; |
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| 71 | 71 | | (C) the order committing the person to a |
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| 72 | 72 | | residential care facility; |
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| 73 | 73 | | (D) the order appointing a guardian; or |
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| 74 | 74 | | (E) the order determining that the person is |
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| 75 | 75 | | incompetent to stand trial. |
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| 76 | 76 | | (c) The duty of a clerk to prepare and forward information |
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| 77 | 77 | | under this section is not affected by: |
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| 78 | 78 | | (1) any subsequent appeal of the court order; |
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| 79 | 79 | | (2) any subsequent modification of the court order; or |
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| 80 | 80 | | (3) the expiration of the court order. |
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| 81 | 81 | | SECTION 2. Each clerk of the court shall prepare and forward |
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| 82 | 82 | | information required to be forwarded to the Department of Public |
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| 83 | 83 | | Safety of the State of Texas by Section 411.0521, Government Code, |
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| 84 | 84 | | as added by this Act, for each order issued on or after September 1, |
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| 85 | 85 | | 2005. Not later than September 1, 2010, each clerk of the court |
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| 86 | 86 | | shall prepare and forward the information for any court orders |
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| 87 | 87 | | issued on or after September 1, 2005, and before September 1, 2009. |
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| 88 | 88 | | SECTION 3. This Act takes effect September 1, 2009. |
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