Texas 2013 - 83rd Regular

Texas House Bill HB1872 Compare Versions

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1	1	83R11118 GCB-D
2	2	By: Simmons, J. Davis of Harris, Lucio III, H.B. No. 1872
3	3	Coleman, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to federal firearm reporting for a person who voluntarily
9	9	identifies as a person with mental illness.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 411.052(a) and (b), Government Code,
12	12	are amended to read as follows:
13	13	(a) In this section, "federal prohibited person
14	14	information" means information that identifies an individual as:
15	15	(1) a person ordered by a court to receive inpatient
16	16	mental health services under Chapter 574, Health and Safety Code;
17	17	(2) a person acquitted in a criminal case by reason of
18	18	insanity or lack of mental responsibility, regardless of whether
19	19	the person is ordered by a court to receive inpatient treatment or
20	20	residential care under Chapter 46C, Code of Criminal Procedure;
21	21	(3) a person determined to have mental retardation and
22	22	committed by a court for long-term placement in a residential care
23	23	facility under Chapter 593, Health and Safety Code;
24	24	(4) an incapacitated adult individual for whom a court
25	25	has appointed a guardian of the individual under Chapter XIII,
26	26	Probate Code, based on the determination that the person lacks the
27	27	mental capacity to manage the person's affairs; [or]
28	28	(5) a person determined to be incompetent to stand
29	29	trial under Chapter 46B, Code of Criminal Procedure; or
30	30	(6) a person who voluntarily identifies the person's
31	31	self to the department or a local law enforcement agency as a person
32	32	with a mental illness who should be precluded from possessing a
33	33	firearm.
34	34	(b) The department by rule shall establish a procedure to
35	35	provide federal prohibited person information to the Federal Bureau
36	36	of Investigation for use with the National Instant Criminal
37	37	Background Check System. The department by rule shall establish a
38	38	procedure to collect and provide information about a person who
39	39	voluntarily identifies the person's self to the department or a
40	40	local law enforcement agency as a person with a mental illness who
41	41	should be precluded from possessing a firearm. Except as otherwise
42	42	provided by state law, the department may disseminate federal
43	43	prohibited person information under this subsection only to the
44	44	extent necessary to allow the Federal Bureau of Investigation to
45	45	collect and maintain a list of persons who are prohibited under
46	46	federal law from engaging in certain activities with respect to a
47	47	firearm.
48	48	SECTION 2. Section 574.088, Health and Safety Code, is
49	49	amended by adding Subsection (a-1) to read as follows:
50	50	(a-1) A person who voluntarily identifies the person's self
51	51	to the department or a local law enforcement agency as a person with
52	52	a mental illness may petition a court with jurisdiction of
53	53	proceedings under Subtitle C, Title 7, Health and Safety Code, for
54	54	an order stating that the person qualifies for relief from a
55	55	firearms disability.
56	56	SECTION 3. This Act takes effect immediately if it receives
57	57	a vote of two-thirds of all the members elected to each house, as
58	58	provided by Section 39, Article III, Texas Constitution. If this
59	59	Act does not receive the vote necessary for immediate effect, this
60	60	Act takes effect September 1, 2013.