Texas 2023 - 88th Regular

Texas House Bill HB203 Compare Versions

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1	1	88R1869 JSC-D
2	2	By: Goodwin H.B. No. 203
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting certain persons with chemical dependencies
8	8	from possessing a firearm; creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 462, Health and Safety
11	11	Code, is amended by adding Sections 462.082 and 462.083 to read as
12	12	follows:
13	13	Sec. 462.082. NOTIFICATION OF DEPARTMENT OF PUBLIC SAFETY.
14	14	(a) In this section, "department" means the Department of Public
15	15	Safety.
16	16	(b) Not later than the 30th day after the date the court
17	17	orders a person to receive chemical dependency treatment under this
18	18	subchapter, the clerk of the court shall prepare and forward to the
19	19	department:
20	20	(1) the complete name, race, and sex of the person;
21	21	(2) any known identifying number of the person,
22	22	including the person's social security number, driver's license
23	23	number, or state identification number;
24	24	(3) the person's date of birth; and
25	25	(4) a statement that the court ordered the person to
26	26	receive chemical dependency treatment under this subchapter and the
27	27	basis for that order.
28	28	(c) If practicable, the clerk shall forward to the
29	29	department the information described by Subsection (b) in an
30	30	electronic format prescribed by the department.
31	31	(d) The clerk shall notify the department of the discharge
32	32	of a person from court-ordered chemical dependency treatment under
33	33	this subchapter not later than the 30th day after the date the clerk
34	34	receives notice of the discharge. If the person is discharged
35	35	because a treatment order under Subsection (b) was reversed or
36	36	vacated by order of any court, the clerk shall notify the department
37	37	of that fact.
38	38	(e) The duty of a clerk to prepare and forward information
39	39	as a result of a court order issued under this subchapter is not
40	40	affected by:
41	41	(1) any subsequent appeal of the court order;
42	42	(2) any subsequent modification of the court order; or
43	43	(3) the expiration of the court order.
44	44	(f) The department by rule shall establish a procedure to
45	45	provide the information submitted by the court under this section
46	46	regarding court-ordered chemical dependency treatment to the
47	47	Federal Bureau of Investigation for use with the National Instant
48	48	Criminal Background Check System. Except as otherwise provided by
49	49	state law, the department may disseminate information under this
50	50	subsection regarding a person who is receiving or has received
51	51	court-ordered chemical dependency treatment under this subchapter
52	52	only to the extent necessary to allow the Federal Bureau of
53	53	Investigation to collect and maintain a list of persons who are
54	54	prohibited under federal law from engaging in certain activities
55	55	with respect to a firearm.
56	56	(g) The department shall grant access to the information
57	57	submitted under this section to the person who is the subject of the
58	58	information.
59	59	(h) Information maintained by the department regarding a
60	60	person who is receiving or has received court-ordered chemical
61	61	dependency treatment under this subchapter is confidential
62	62	information for the use of the department and, except as otherwise
63	63	provided by this section and other state law, may not be
64	64	disseminated by the department.
65	65	(i) The department by rule shall establish a procedure to
66	66	correct department records to reflect the date of any discharge of
67	67	the person from court-ordered chemical dependency treatment under
68	68	this subchapter and a procedure to transmit the corrected records
69	69	to the Federal Bureau of Investigation. The corrected records must
70	70	indicate whether the person was discharged from treatment because
71	71	the court order requiring treatment was reversed or vacated.
72	72	Sec. 462.083. RELIEF FROM DISABILITIES FOLLOWING
73	73	COURT-ORDERED CHEMICAL DEPENDENCY TREATMENT. (a) A person who is
74	74	discharged from court-ordered chemical dependency treatment may
75	75	petition the court that entered the order requiring the treatment
76	76	for a new order stating that the person qualifies for relief from a
77	77	firearms disability imposed under 18 U.S.C. Section 922(g)(3) or
78	78	(4).
79	79	(b) In determining whether to grant relief, the court must
80	80	hear and consider evidence about:
81	81	(1) the circumstances that led to imposition of the
82	82	firearms disability under 18 U.S.C. Section 922(g)(3) or (4);
83	83	(2) the person's substance abuse history;
84	84	(3) the person's criminal history; and
85	85	(4) the person's reputation.
86	86	(c) A court may not grant relief unless it makes and enters
87	87	in the record the following affirmative findings:
88	88	(1) the person is no longer likely to act in a manner
89	89	dangerous to public safety; and
90	90	(2) removing the person's disability to purchase a
91	91	firearm is in the public interest.
92	92	(d) Not later than the 30th day after the date the court
93	93	grants relief under this section, the clerk of the court shall
94	94	prepare and forward to the department:
95	95	(1) the complete name, race, and sex of the person;
96	96	(2) any known identifying number of the person,
97	97	including social security number, driver's license number, or state
98	98	identification number;
99	99	(3) the person's date of birth; and
100	100	(4) a statement that the court has granted the person
101	101	relief from disabilities under this section.
102	102	(e) If practicable, the clerk of the court shall forward to
103	103	the department the information described by Subsection (d) in an
104	104	electronic format prescribed by the department.
105	105	(f) If an order previously reported to the department under
106	106	this section is reversed or vacated by order of any court, the clerk
107	107	shall notify the department of that fact not later than the 30th day
108	108	after the date the clerk receives notice of that action.
109	109	(g) The department by rule shall establish a procedure to
110	110	correct department records and transmit those corrected records to
111	111	the Federal Bureau of Investigation when a person provides a copy of
112	112	an order issued under this section or proof that the person has
113	113	obtained notice of relief from disabilities under 18 U.S.C. Section
114	114	925.
115	115	SECTION 2. Section 46.04, Penal Code, is amended by adding
116	116	Subsection (c-1) and amending Subsection (e) to read as follows:
117	117	(c-1) A person commits an offense if the person possesses a
118	118	firearm:
119	119	(1) while the person is subject to a court order
120	120	requiring chemical dependency treatment under Subchapter D,
121	121	Chapter 462, Health and Safety Code; or
122	122	(2) during the 12-month period following the date of
123	123	the person's discharge from the treatment described by Subdivision
124	124	(1), unless the discharge occurs because the order is reversed or
125	125	vacated.
126	126	(e) An offense under Subsection (a) is a felony of the third
127	127	degree. An offense under Subsection (a-1), (b), [or] (c), or (c-1)
128	128	is a Class A misdemeanor.
129	129	SECTION 3. (a) Section 462.082, Health and Safety Code, as
130	130	added by this Act, applies to a court order for chemical dependency
131	131	treatment entered on or after the effective date of this Act. A
132	132	court order for chemical dependency treatment entered before the
133	133	effective date of this Act is governed by the law in effect on the
134	134	date the court order was entered and the former law is continued in
135	135	effect for that purpose.
136	136	(b) Section 462.083, Health and Safety Code, as added by
137	137	this Act, applies to a petition for relief from disabilities filed
138	138	on or after the effective date of this Act, regardless of whether
139	139	the imposition of the firearms disability occurred before, on, or
140	140	after the effective date of this Act.
141	141	SECTION 4. This Act takes effect September 1, 2023.