Texas 2019 - 86th Regular

Texas House Bill HB3030 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11592 LHC-D
2	2	By: Flynn H.B. No. 3030
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of certain information for purposes of a
8	8	federal firearm background check.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 411.052(a), (b), and (e), Government
11	11	Code, are amended to read as follows:
12	12	(a) In this section:
13	13	(1) "Family violence misdemeanor" means a misdemeanor
14	14	crime of domestic violence under 18 U.S.C. Section 921.
15	15	(2) "Federal[, "federal] prohibited person
16	16	information" means information that identifies an individual as:
17	17	(A) [(1)] a person ordered by a court to receive
18	18	inpatient mental health services under Chapter 574, Health and
19	19	Safety Code;
20	20	(B) [(2)] a person acquitted in a criminal case
21	21	by reason of insanity or lack of mental responsibility, regardless
22	22	of whether the person is ordered by a court to receive inpatient
23	23	treatment or residential care under Chapter 46C, Code of Criminal
24	24	Procedure;
25	25	(C) [(3)] a person determined to have
26	26	intellectual disabilities [mental retardation] and committed by a
27	27	court for long-term placement in a residential care facility under
28	28	Chapter 593, Health and Safety Code;
29	29	(D) [(4)] an incapacitated adult individual for
30	30	whom a court has appointed a guardian of the individual under Title
31	31	3, Estates Code, based on the determination that the person lacks
32	32	the mental capacity to manage the person's affairs; [or]
33	33	(E) [(5)] a person determined to be incompetent
34	34	to stand trial under Chapter 46B, Code of Criminal Procedure;
35	35	(F) a person convicted of or placed on deferred
36	36	adjudication community supervision for a felony;
37	37	(G) a person convicted of or placed on deferred
38	38	adjudication community supervision for a family violence
39	39	misdemeanor;
40	40	(H) a person subject to a protective order under
41	41	Chapter 85, Family Code; or
42	42	(I) a person subject to a magistrate's order for
43	43	emergency protection under Article 17.292, Code of Criminal
44	44	Procedure, based on an arrest for an offense involving family
45	45	violence.
46	46	(b) The department by rule shall establish a procedure to
47	47	promptly provide federal prohibited person information to the
48	48	Federal Bureau of Investigation for use with the National Instant
49	49	Criminal Background Check System. Except as otherwise provided by
50	50	state law, the department may disseminate federal prohibited person
51	51	information under this subsection only to the extent necessary to
52	52	allow the Federal Bureau of Investigation to collect and maintain a
53	53	list of persons who are prohibited under federal law from engaging
54	54	in certain activities with respect to a firearm.
55	55	(e) The department by rule shall establish a procedure to
56	56	correct department records and transmit those corrected records to
57	57	the Federal Bureau of Investigation when a person provides:
58	58	(1) a copy of a judicial order or finding that a person
59	59	is no longer an incapacitated adult or is entitled to relief from
60	60	disabilities under Section 574.088, Health and Safety Code; [or]
61	61	(2) proof that the person has obtained notice of
62	62	relief from disabilities under 18 U.S.C. Section 925;
63	63	(3) proof that the person is no longer ineligible to
64	64	possess a firearm based on the commission of a felony or a family
65	65	violence misdemeanor; or
66	66	(4) proof that the person is no longer subject to a
67	67	protective order under Chapter 85, Family Code, or a magistrate's
68	68	order for emergency protection under Article 17.292, Code of
69	69	Criminal Procedure.
70	70	SECTION 2. Section 411.0521(a), Government Code, is amended
71	71	to read as follows:
72	72	(a) The clerk of the court shall prepare and forward to the
73	73	department the information described by Subsection (b) not later
74	74	than four hours [the 30th day] after the time [date] the court:
75	75	(1) orders a person to receive inpatient mental health
76	76	services under Chapter 574, Health and Safety Code;
77	77	(2) acquits a person in a criminal case by reason of
78	78	insanity or lack of mental responsibility, regardless of whether
79	79	the person is ordered to receive inpatient treatment or residential
80	80	care under Chapter 46C, Code of Criminal Procedure;
81	81	(3) commits a person determined to have intellectual
82	82	disabilities [mental retardation] for long-term placement in a
83	83	residential care facility under Chapter 593, Health and Safety
84	84	Code;
85	85	(4) appoints a guardian of the incapacitated adult
86	86	individual under Title 3, Estates Code, based on the determination
87	87	that the person lacks the mental capacity to manage the person's
88	88	affairs;
89	89	(5) determines a person is incompetent to stand trial
90	90	under Chapter 46B, Code of Criminal Procedure; [or]
91	91	(6) finds a person is entitled to relief from
92	92	disabilities under Section 574.088, Health and Safety Code;
93	93	(7) enters a judgment of conviction or an order of
94	94	deferred adjudication community supervision with respect to a
95	95	felony;
96	96	(8) enters a judgment of conviction or an order of
97	97	deferred adjudication community supervision with respect to a
98	98	family violence misdemeanor as defined by Section 411.052;
99	99	(9) issues a protective order under Chapter 85, Family
100	100	Code; or
101	101	(10) issues a magistrate's order for emergency
102	102	protection under Article 17.292, Code of Criminal Procedure, based
103	103	on an arrest for an offense involving family violence.
104	104	SECTION 3. The change in law made by this Act applies only
105	105	to a judgment or order entered or issued on or after the effective
106	106	date of this Act. A judgment or order entered or issued before the
107	107	effective date of this Act is governed by the law in effect on the
108	108	date the judgment or order was entered or issued, and the former law
109	109	is continued in effect for that purpose.
110	110	SECTION 4. This Act takes effect September 1, 2019.