Texas 2019 - 86th Regular

Texas Senate Bill SB666 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Huffman, et al. S.B. No. 666
	1	+	By: Huffman S.B. No. 666
	2	+	(In the Senate - Filed February 6, 2019; March 1, 2019, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	March 13, 2019, reported favorably by the following vote: Yeas 9,
	5	+	Nays 0; March 13, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to the reporting, maintenance, and use of certain
7	12		misdemeanor conviction information for purposes of the databases
8	13		used in a federal firearm background check.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Sections 411.052(a) and (e), Government Code,
11	16		are amended to read as follows:
12	17		(a) In this section:
13	18		(1) "Family violence misdemeanor" means a misdemeanor
14	19		crime of domestic violence under 18 U.S.C. Section 921.
15	20		(2) "Federal[, "federal] prohibited person
16	21		information" means information that identifies an individual as:
17	22		(A) [(1)] a person ordered by a court to receive
18	23		inpatient mental health services under Chapter 574, Health and
19	24		Safety Code;
20	25		(B) [(2)] a person acquitted in a criminal case
21	26		by reason of insanity or lack of mental responsibility, regardless
22	27		of whether the person is ordered by a court to receive inpatient
23	28		treatment or residential care under Chapter 46C, Code of Criminal
24	29		Procedure;
25	30		(C) [(3)] a person determined to have mental
26	31		retardation and committed by a court for long-term placement in a
27	32		residential care facility under Chapter 593, Health and Safety
28	33		Code;
29	34		(D) [(4)] an incapacitated adult individual for
30	35		whom a court has appointed a guardian of the individual under Title
31	36		3, Estates Code, based on the determination that the person lacks
32	37		the mental capacity to manage the person's affairs; [or]
33	38		(E) [(5)] a person determined to be incompetent
34	39		to stand trial under Chapter 46B, Code of Criminal Procedure; or
35	40		(F) a person convicted of a family violence
36	41		misdemeanor.
37	42		(e) The department by rule shall establish a procedure to
38	43		correct department records and transmit those corrected records to
39	44		the Federal Bureau of Investigation when a person provides:
40	45		(1) a copy of a judicial order or finding that a person
41	46		is no longer an incapacitated adult or is entitled to relief from
42	47		disabilities under Section 574.088, Health and Safety Code; [or]
43	48		(2) proof that the person has obtained notice of
44	49		relief from disabilities under 18 U.S.C. Section 925; or
45	50		(3) proof that the person is no longer ineligible to
46	51		possess a firearm based on the commission of a family violence
47	52		misdemeanor.
48	53		SECTION 2. Section 411.0521(a), Government Code, is amended
49	54		to read as follows:
50	55		(a) The clerk of the court shall prepare and forward to the
51	56		department the information described by Subsection (b) not later
52	57		than the 30th day after the date the court:
53	58		(1) orders a person to receive inpatient mental health
54	59		services under Chapter 574, Health and Safety Code;
55	60		(2) acquits a person in a criminal case by reason of
56	61		insanity or lack of mental responsibility, regardless of whether
57	62		the person is ordered to receive inpatient treatment or residential
58	63		care under Chapter 46C, Code of Criminal Procedure;
59	64		(3) commits a person determined to have mental
60	65		retardation for long-term placement in a residential care facility
61	66		under Chapter 593, Health and Safety Code;
62	67		(4) appoints a guardian of the incapacitated adult
63	68		individual under Title 3, Estates Code, based on the determination
64	69		that the person lacks the mental capacity to manage the person's
65	70		affairs;
66	71		(5) determines a person is incompetent to stand trial
67	72		under Chapter 46B, Code of Criminal Procedure; [or]
68	73		(6) finds a person is entitled to relief from
69	74		disabilities under Section 574.088, Health and Safety Code; or
70	75		(7) enters a judgment of conviction with respect to a
71	76		family violence misdemeanor as defined by Section 411.052 that is
72	77		punishable by fine only.
73	78		SECTION 3. The change in law made by this Act applies only
74	79		to a judgment entered on or after the effective date of this Act. A
75	80		judgment entered before the effective date of this Act is governed
76	81		by the law in effect on the date the judgment was entered, and the
77	82		former law is continued in effect for that purpose.
78	83		SECTION 4. This Act takes effect September 1, 2019.
	84	+	* * * * *