81R80 UM-D
By: Wentworth S.B. No. 1623
A BILL TO BE ENTITLED
AN ACT
relating to the collection and dissemination of certain information
for a federal firearm background check.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 411, Government Code, is
amended by adding Sections 411.052 and 411.0521 to read as follows:
Sec. 411.052. FEDERAL FIREARM REPORTING. (a) In this
section, "federal prohibited person information" means information
that identifies an individual as:
(1) a person ordered by a court to receive inpatient
mental health services under Chapter 574, Health and Safety Code;
(2) a person ordered by a court to receive inpatient
treatment or residential care under Chapter 46C, Code of Criminal
Procedure;
(3) a person with mental retardation committed by a
court for long-term placement in a residential care facility under
Chapter 593, Health and Safety Code;
(4) an incapacitated adult individual for whom a court
has appointed a guardian with full authority over the individual
under Chapter XIII, Probate Code; or
(5) a person determined to be incompetent to stand
trial under Chapter 46B, Code of Criminal Procedure.
(b) The department by rule shall establish a procedure to
provide federal prohibited person information 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 federal prohibited person
information under 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.
(c) The department shall grant access to federal prohibited
person information to the person who is the subject of the
information.
(d) Federal prohibited person information maintained by the
department is confidential information for the use of the
department and, except as otherwise provided by this section and
other state law, may not be disseminated by the department.
Sec. 411.0521. REPORT TO DEPARTMENT CONCERNING CERTAIN
PERSONS' ACCESS TO FIREARMS. (a) The clerk of the court shall
prepare and forward to the department the information described by
Subsection (b) not later than the 30th day after the date the court:
(1) orders a person to receive inpatient mental health
services under Chapter 574, Health and Safety Code;
(2) orders a person to receive inpatient treatment or
residential care under Chapter 46C, Code of Criminal Procedure;
(3) commits a person with mental retardation for
long-term placement in a residential care facility under Chapter
593, Health and Safety Code;
(4) appoints a guardian with full authority over an
incapacitated adult individual under Chapter XIII, Probate Code; or
(5) determines a person is incompetent to stand trial
under Chapter 46B, Code of Criminal Procedure.
(b) The clerk of the court shall prepare and forward the
following information under Subsection (a):
(1) the complete name, race, and sex of the person;
(2) any known identifying number of the person,
including social security number, driver's license number, or state
identification number;
(3) the person's date of birth; and
(4) a certified copy of:
(A) the order for inpatient mental health
services;
(B) the order for inpatient treatment or
residential care;
(C) the order committing the person to a
residential care facility;
(D) the order appointing a guardian; or
(E) the order determining that the person is
incompetent to stand trial.
(c) The duty of a clerk to prepare and forward information
under this section is not affected by:
(1) any subsequent appeal of the court order;
(2) any subsequent modification of the court order; or
(3) the expiration of the court order.
SECTION 2. Each clerk of the court shall prepare and forward
information required to be forwarded to the Department of Public
Safety of the State of Texas by Section 411.0521, Government Code,
as added by this Act, for each order issued on or after September 1,
2005. Not later than September 1, 2010, each clerk of the court
shall prepare and forward the information for any court orders
issued on or after September 1, 2005, and before September 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.