By: Huffman S.B. No. 1944
(Fletcher)
A BILL TO BE ENTITLED
AN ACT
relating to the disposition of a firearm seized from certain
persons with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 18.191(c) and (d), Code of Criminal
Procedure, are amended to read as follows:
(c) Not later than the 30th day after the date a firearm
subject to disposition under this article is seized, the law
enforcement agency holding the firearm shall contact the court in
the county having jurisdiction to order commitment under Chapter
574, Health and Safety Code, and request the disposition of the
case. Not later than the 30th day after the date of this request,
the clerk of the court shall advise the requesting agency whether
the person taken into custody was released under Section 573.023 or
574.028, Health and Safety Code, or was ordered to receive
inpatient mental health services under Section 574.034 or 574.035,
Health and Safety Code.
(d) Not later than the 30th day after the date the clerk of
the court informs a law enforcement agency holding a firearm
subject to disposition under this article that the person taken
into custody was released under Section 573.023 or 574.028, Health
and Safety Code, the law enforcement agency shall:
(1) conduct a check of state and national criminal
history record information to verify whether the person may
lawfully possess a firearm under 18 U.S.C. Section 922(g); and
(2) provide written notice to the person by certified
mail that the firearm may be returned to the person on verification
under Subdivision (1) that the person may lawfully possess the
firearm.
SECTION 2. This Act takes effect September 1, 2015.