Texas 2023 - 88th Regular

Texas House Bill HB2780 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4547 MCF-F
2	2	By: Leach H.B. No. 2780
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of mental health and intellectual
8	8	disability information with respect to certain children for
9	9	purposes of a federal firearm background check.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 411.052(a), Government Code, is amended
12	12	to read as follows:
13	13	(a) In this section, "federal prohibited person
14	14	information" means information that identifies:
15	15	(1) an individual who is at least 16 years of age as:
16	16	(A) [(1)] a person ordered by a court to receive
17	17	inpatient mental health services under Chapter 574, Health and
18	18	Safety Code;
19	19	(B) [(2)] a person acquitted in a criminal case
20	20	by reason of insanity or lack of mental responsibility, regardless
21	21	of whether the person is ordered by a court to receive inpatient
22	22	treatment or residential care under Chapter 46C, Code of Criminal
23	23	Procedure;
24	24	(C) [(3)] a person determined to have an
25	25	intellectual disability [mental retardation] and committed by a
26	26	court for long-term placement in a residential care facility under
27	27	Chapter 593, Health and Safety Code;
28	28	(D) [(4) an incapacitated adult individual for
29	29	whom a court has appointed a guardian of the individual under Title
30	30	3, Estates Code, based on the determination that the person lacks
31	31	the mental capacity to manage the person's affairs; or
32	32	[(5)] a person determined to be incompetent to stand
33	33	trial under Chapter 46B, Code of Criminal Procedure; or
34	34	(E) a child who has been:
35	35	(i) found unfit to proceed under Subchapter
36	36	C, Chapter 55, Family Code, as a result of mental illness or an
37	37	intellectual disability;
38	38	(ii) found not responsible for the child's
39	39	conduct under Subchapter D, Chapter 55, Family Code, as a result of
40	40	mental illness or an intellectual disability;
41	41	(iii) ordered by a court to receive
42	42	inpatient mental health services under Subchapter B, C, or D,
43	43	Chapter 55, Family Code, as a result of mental illness; or
44	44	(iv) committed by a court to a residential
45	45	care facility under Subchapter C or D, Chapter 55, Family Code, as a
46	46	result of an intellectual disability; or
47	47	(2) an incapacitated adult person for whom a court has
48	48	appointed a guardian of the person under Title 3, Estates Code,
49	49	based on the determination that the person lacks the mental
50	50	capacity to manage the person's affairs.
51	51	SECTION 2. Section 411.0521(a), Government Code, is amended
52	52	to read as follows:
53	53	(a) The clerk of the court shall prepare and forward to the
54	54	department the information described by Subsection (b) not later
55	55	than the 30th day after the date the court:
56	56	(1) performs any of the following actions with respect
57	57	to an individual who is at least 16 years of age:
58	58	(A) [(1)] orders a person to receive inpatient
59	59	mental health services under Chapter 574, Health and Safety Code;
60	60	(B) [(2)] acquits a person in a criminal case by
61	61	reason of insanity or lack of mental responsibility, regardless of
62	62	whether the person is ordered to receive inpatient treatment or
63	63	residential care under Chapter 46C, Code of Criminal Procedure;
64	64	(C) [(3)] commits a person determined to have an
65	65	intellectual disability [mental retardation] for long-term
66	66	placement in a residential care facility under Chapter 593, Health
67	67	and Safety Code;
68	68	(D) [(4) appoints a guardian of the
69	69	incapacitated adult individual under Title 3, Estates Code, based
70	70	on the determination that the person lacks the mental capacity to
71	71	manage the person's affairs;
72	72	[(5)] determines a person is incompetent to stand trial
73	73	under Chapter 46B, Code of Criminal Procedure;
74	74	(E) finds a child unfit to proceed under
75	75	Subchapter C, Chapter 55, Family Code, as a result of mental illness
76	76	or an intellectual disability;
77	77	(F) finds a child not responsible for the child's
78	78	conduct under Subchapter D, Chapter 55, Family Code, as a result of
79	79	mental illness or an intellectual disability;
80	80	(G) orders a child to receive inpatient mental
81	81	health services under Subchapter B, C, or D, Chapter 55, Family
82	82	Code, as a result of mental illness;
83	83	(H) commits a child to a residential care
84	84	facility under Subchapter C or D, Chapter 55, Family Code, as a
85	85	result of an intellectual disability; or
86	86	(I) [(6)] finds a person is entitled to relief
87	87	from disabilities under Section 574.088, Health and Safety Code;
88	88	or
89	89	(2) appoints a guardian of the incapacitated adult
90	90	person under Title 3, Estates Code, based on the determination that
91	91	the person lacks the mental capacity to manage the person's
92	92	affairs.
93	93	SECTION 3. Section 58.007(a), Family Code, is amended to
94	94	read as follows:
95	95	(a) This section applies only to the inspection, copying,
96	96	and maintenance of a record concerning a child and the storage of
97	97	information, by electronic means or otherwise, concerning the child
98	98	from which a record could be generated and does not affect the
99	99	collection, dissemination, or maintenance of information as
100	100	provided by Subchapter B or D-1. This section does not apply to a
101	101	record relating to a child that is:
102	102	(1) required or authorized to be maintained under the
103	103	laws regulating the operation of motor vehicles in this state;
104	104	(2) maintained by a municipal or justice court; [or]
105	105	(3) subject to disclosure under Chapter 62, Code of
106	106	Criminal Procedure;
107	107	(4) required to be provided to the Federal Bureau of
108	108	Investigation for use with the National Instant Criminal Background
109	109	Check System under Section 411.052, Government Code; or
110	110	(5) required to be forwarded to the Department of
111	111	Public Safety under Section 411.0521, Government Code.
112	112	SECTION 4. Sections 411.052 and 411.0521, Government Code,
113	113	as amended by this Act, apply only to a finding, order, or
114	114	commitment that occurs on or after the effective date of this Act.
115	115	A finding, order, or commitment that occurred before the effective
116	116	date of this Act is governed by the law in effect on the date the
117	117	finding, order, or commitment occurred, and the former law is
118	118	continued in effect for that purpose.
119	119	SECTION 5. Section 58.007, Family Code, as amended by this
120	120	Act, applies to records created before, on, or after the effective
121	121	date of this Act.
122	122	SECTION 6. This Act takes effect September 1, 2023.