By: Gamez H.B. No. 4973
A BILL TO BE ENTITLED
AN ACT
relating to federal firearm reporting for a person who has been
released from an emergency detention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 411.052, Government Code, is amended to
read as follows:
(a) In this section, "federal prohibited person
information" means information that identifies an individual as:
(1) a person ordered by a court to receive inpatient
mental health services under Chapter 574, Health and Safety Code;
(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;
(3) a person determined to have mental retardation and
committed by a court for long-term placement in a residential care
facility under Chapter 593, Health and Safety Code;
(4) an incapacitated adult individual for whom a court
has appointed a guardian of the individual under Chapter XIII,
Probate Code, based on the determination that the person lacks the
mental capacity to manage the person's affairs; [or]
(5) a person determined to be incompetent to stand
trial under Chapter 46B, Code of Criminal Procedure; or
(6) a person within the last 30 days has been released
from an emergency detention under Chapter 573, Health and Safety
Code.
SECTION 2. Section 573.0022, Health and Safety Code, is
added to read as follows:
(a) As soon as practicable, but not later than the first
working day after the date a peace officer takes a person who is a
ward into custody, the peace officer shall provide the information
on the person subject to the emergency detention 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 information under this
subsection regarding a person subject to the emergency detention
under this subchapter 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.
(b) The department shall grant access to the information
under this section to the person who is the subject of the
information.
(c) Information maintained by the department regarding a
person who is subject to the emergency detention under this
subchapter is confidential information for the use of the
department and, except as otherwise provided by this section and
other state law, may not be disseminated by the department.
(d) The department by rule shall establish a procedure to
correct department records to reflect the date of any person who has
been released from emergency detention under this subchapter and a
procedure to transmit the corrected records to the Federal Bureau
of Investigation.
SECTION 3. Section 573.025, Health and Safety Code, is
amended to read as follows:
Sec. 573.025. RIGHTS OF PERSONS APPREHENDED, DETAINED, OR
TRANSPORTED FOR EMERGENCY DETENTION. (a) A person apprehended,
detained, or transported for emergency detention under this chapter
has the right:
(1) to be advised of the location of detention, the
reasons for the detention, and the fact that the detention could
result in a longer period of involuntary commitment;
(2) to a reasonable opportunity to communicate with
and retain an attorney;
(3) to be transported to a location as provided by
Section 573.024 if the person is not admitted for emergency
detention, unless the person is arrested or objects;
(4) to be released from a facility as provided by
Section 573.023;
(5) to be advised that communications with a mental
health professional may be used in proceedings for further
detention;
(6) to be transported in accordance with Sections
573.026 and 574.045, if the person is detained under Section
573.022 or transported under an order of protective custody under
Section 574.023; [and]
(7) to a reasonable opportunity to communicate with a
relative or other responsible person who has a proper interest in
the person's welfare; and
(8) be advised that their ability to purchase a
firearm upon discharge will be prohibited for 30 days.
SECTION 4. Section 573.027, Health and Safety Code, is
added to read as follows:
Sec. 573.027. NOTIFICATION OF DEPARTMENT OF PUBLIC SAFETY.
(a) In this section, "department" means the Department of Public
Safety.
(b) Upon release under Section 573.023, the facility shall
prepare and forward to the department:
(1) the complete name, race, and sex of the person;
(2) any known identifying number of the person,
including the person's social security number, driver's license
number, or state identification number;
(3) the person's date of birth; and
(4) a statement that the facility has released the
person pursuant to Section 573.023.
(c) If practicable, the facility shall forward to the
department the information described by Subsection (b) in an
electronic format prescribed by the department.
(d) The department by rule shall establish a procedure to
provide the information submitted by the facility under this
section regarding release from emergency detention 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 information under this
subsection regarding a person who has been released from emergency
detention under this subchapter 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 shall grant access to the information
under this section to the person who is the subject of the
information.
(f) Information maintained by the department regarding a
person who has been released from emergency detention under this
subchapter is confidential information for the use of the
department and, except as otherwise provided by this section and
other state law, may not be disseminated by the department.
(g) The department by rule shall establish a procedure to
correct department records to reflect the date of any person who has
been released from emergency detention under this subchapter and a
procedure to transmit the corrected records to the Federal Bureau
of Investigation.
SECTION 5. This Act takes effect September 1, 2023.