Texas Senate Bill SB1866

Texas 2009 - 81st Regular

Caption

Relating to the collection, dissemination, and correction of certain judicial determinations for a federal firearm background check.

Impact

The proposed legislation would amend existing sections of the Government Code, introducing strict procedural rules for how mental health information is handled in relation to firearm purchases. This new regulation may affect individuals who have encountered legal determinations concerning mental health that impact their firearm ownership rights. The requirement for court clerks to report various judicial orders ensures that firearm background checks are informed by comprehensive legal statuses, bolstering the integrity of the background check system.

Summary

SB1866 aims to modify Texas laws regarding the collection, dissemination, and correction of judicial determinations pertinent to federal firearm background checks. The bill introduces protocols for the Department of Public Safety (DPS) to report information about individuals deemed 'federal prohibited persons' due to mental health issues or incapacity. It delineates the categories of individuals whose information must be reported and emphasizes the department's responsibility to manage this information confidentially.

Contention

Discussion points surrounding SB1866 might include concerns over privacy, the accuracy of mental health records, and the potential stigma attached to mental health issues. Some stakeholders may argue that the measures could infringe on individual rights, particularly regarding access to firearms for those who have been successfully treated or who no longer pose a risk. Furthermore, the requirement for court-issued documentation to correct any misclassification of a person's mental capacity could generate bureaucratic challenges and lengthy processes.