83R11118 GCB-D
By: Simmons H.B. No. 1872
A BILL TO BE ENTITLED
AN ACT
relating to federal firearm reporting for a person who voluntarily
identifies as a person with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.052(a) and (b), Government Code,
are amended to read as follows:
(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 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;
(3) a person determined to have mental retardation and
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 of the individual under Chapter XIII,
Probate Code, based on the determination that the person lacks the
mental capacity to manage the person's affairs; [or]
(5) a person determined to be incompetent to stand
trial under Chapter 46B, Code of Criminal Procedure; or
(6) a person who voluntarily identifies the person's
self to the department or a local law enforcement agency as a person
with a mental illness who should be precluded from possessing a
firearm.
(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. The department by rule shall establish a
procedure to collect and provide information about a person who
voluntarily identifies the person's self to the department or a
local law enforcement agency as a person with a mental illness who
should be precluded from possessing a firearm. 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.
SECTION 2. Section 574.088, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A person who voluntarily identifies the person's self
to the department or a local law enforcement agency as a person with
a mental illness may petition a court with jurisdiction of
proceedings under Subtitle C, Title 7, Health and Safety Code, for
an order stating that the person qualifies for relief from a
firearms disability.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.