86R11592 LHC-D
By: Flynn H.B. No. 3030
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain information for purposes of a
federal firearm background check.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.052(a), (b), and (e), Government
Code, are amended to read as follows:
(a) In this section:
(1) "Family violence misdemeanor" means a misdemeanor
crime of domestic violence under 18 U.S.C. Section 921.
(2) "Federal[, "federal] prohibited person
information" means information that identifies an individual as:
(A) [(1)] a person ordered by a court to receive
inpatient mental health services under Chapter 574, Health and
Safety Code;
(B) [(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;
(C) [(3)] a person determined to have
intellectual disabilities [mental retardation] and committed by a
court for long-term placement in a residential care facility under
Chapter 593, Health and Safety Code;
(D) [(4)] an incapacitated adult individual for
whom a court has appointed a guardian of the individual under Title
3, Estates Code, based on the determination that the person lacks
the mental capacity to manage the person's affairs; [or]
(E) [(5)] a person determined to be incompetent
to stand trial under Chapter 46B, Code of Criminal Procedure;
(F) a person convicted of or placed on deferred
adjudication community supervision for a felony;
(G) a person convicted of or placed on deferred
adjudication community supervision for a family violence
misdemeanor;
(H) a person subject to a protective order under
Chapter 85, Family Code; or
(I) a person subject to a magistrate's order for
emergency protection under Article 17.292, Code of Criminal
Procedure, based on an arrest for an offense involving family
violence.
(b) The department by rule shall establish a procedure to
promptly provide federal prohibited person information to the
Federal Bureau of Investigation for use with the National Instant
Criminal Background Check System. 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.
(e) The department by rule shall establish a procedure to
correct department records and transmit those corrected records to
the Federal Bureau of Investigation when a person provides:
(1) a copy of a judicial order or finding that a person
is no longer an incapacitated adult or is entitled to relief from
disabilities under Section 574.088, Health and Safety Code; [or]
(2) proof that the person has obtained notice of
relief from disabilities under 18 U.S.C. Section 925;
(3) proof that the person is no longer ineligible to
possess a firearm based on the commission of a felony or a family
violence misdemeanor; or
(4) proof that the person is no longer subject to a
protective order under Chapter 85, Family Code, or a magistrate's
order for emergency protection under Article 17.292, Code of
Criminal Procedure.
SECTION 2. Section 411.0521(a), Government Code, is amended
to read as follows:
(a) The clerk of the court shall prepare and forward to the
department the information described by Subsection (b) not later
than four hours [the 30th day] after the time [date] the court:
(1) orders a person to receive inpatient mental health
services under Chapter 574, Health and Safety Code;
(2) acquits a person in a criminal case by reason of
insanity or lack of mental responsibility, regardless of whether
the person is ordered to receive inpatient treatment or residential
care under Chapter 46C, Code of Criminal Procedure;
(3) commits a person determined to have intellectual
disabilities [mental retardation] for long-term placement in a
residential care facility under Chapter 593, Health and Safety
Code;
(4) appoints a guardian of the incapacitated adult
individual under Title 3, Estates Code, based on the determination
that the person lacks the mental capacity to manage the person's
affairs;
(5) determines a person is incompetent to stand trial
under Chapter 46B, Code of Criminal Procedure; [or]
(6) finds a person is entitled to relief from
disabilities under Section 574.088, Health and Safety Code;
(7) enters a judgment of conviction or an order of
deferred adjudication community supervision with respect to a
felony;
(8) enters a judgment of conviction or an order of
deferred adjudication community supervision with respect to a
family violence misdemeanor as defined by Section 411.052;
(9) issues a protective order under Chapter 85, Family
Code; or
(10) issues a magistrate's order for emergency
protection under Article 17.292, Code of Criminal Procedure, based
on an arrest for an offense involving family violence.
SECTION 3. The change in law made by this Act applies only
to a judgment or order entered or issued on or after the effective
date of this Act. A judgment or order entered or issued before the
effective date of this Act is governed by the law in effect on the
date the judgment or order was entered or issued, and the former law
is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2019.