Texas 2023 - 88th Regular

Texas House Bill HB4973 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Gamez H.B. No. 4973
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to federal firearm reporting for a person who has been
7	7	released from an emergency detention.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 411.052, Government Code, is amended to
10	10	read as follows:
11	11	(a) In this section, "federal prohibited person
12	12	information" means information that identifies an individual as:
13	13	(1) a person ordered by a court to receive inpatient
14	14	mental health services under Chapter 574, Health and Safety Code;
15	15	(2) a person acquitted in a criminal case by reason of
16	16	insanity or lack of mental responsibility, regardless of whether
17	17	the person is ordered by a court to receive inpatient treatment or
18	18	residential care under Chapter 46C, Code of Criminal Procedure;
19	19	(3) a person determined to have mental retardation and
20	20	committed by a court for long-term placement in a residential care
21	21	facility under Chapter 593, Health and Safety Code;
22	22	(4) an incapacitated adult individual for whom a court
23	23	has appointed a guardian of the individual under Chapter XIII,
24	24	Probate Code, based on the determination that the person lacks the
25	25	mental capacity to manage the person's affairs; [or]
26	26	(5) a person determined to be incompetent to stand
27	27	trial under Chapter 46B, Code of Criminal Procedure; or
28	28	(6) a person within the last 30 days has been released
29	29	from an emergency detention under Chapter 573, Health and Safety
30	30	Code.
31	31	SECTION 2. Section 573.0022, Health and Safety Code, is
32	32	added to read as follows:
33	33	(a) As soon as practicable, but not later than the first
34	34	working day after the date a peace officer takes a person who is a
35	35	ward into custody, the peace officer shall provide the information
36	36	on the person subject to the emergency detention to the Federal
37	37	Bureau of Investigation for use with the National Instant Criminal
38	38	Background Check System. Except as otherwise provided by state
39	39	law, the department may disseminate information under this
40	40	subsection regarding a person subject to the emergency detention
41	41	under this subchapter only to the extent necessary to allow the
42	42	Federal Bureau of Investigation to collect and maintain a list of
43	43	persons who are prohibited under federal law from engaging in
44	44	certain activities with respect to a firearm.
45	45	(b) The department shall grant access to the information
46	46	under this section to the person who is the subject of the
47	47	information.
48	48	(c) Information maintained by the department regarding a
49	49	person who is subject to the emergency detention under this
50	50	subchapter is confidential information for the use of the
51	51	department and, except as otherwise provided by this section and
52	52	other state law, may not be disseminated by the department.
53	53	(d) The department by rule shall establish a procedure to
54	54	correct department records to reflect the date of any person who has
55	55	been released from emergency detention under this subchapter and a
56	56	procedure to transmit the corrected records to the Federal Bureau
57	57	of Investigation.
58	58	SECTION 3. Section 573.025, Health and Safety Code, is
59	59	amended to read as follows:
60	60	Sec. 573.025. RIGHTS OF PERSONS APPREHENDED, DETAINED, OR
61	61	TRANSPORTED FOR EMERGENCY DETENTION. (a) A person apprehended,
62	62	detained, or transported for emergency detention under this chapter
63	63	has the right:
64	64	(1) to be advised of the location of detention, the
65	65	reasons for the detention, and the fact that the detention could
66	66	result in a longer period of involuntary commitment;
67	67	(2) to a reasonable opportunity to communicate with
68	68	and retain an attorney;
69	69	(3) to be transported to a location as provided by
70	70	Section 573.024 if the person is not admitted for emergency
71	71	detention, unless the person is arrested or objects;
72	72	(4) to be released from a facility as provided by
73	73	Section 573.023;
74	74	(5) to be advised that communications with a mental
75	75	health professional may be used in proceedings for further
76	76	detention;
77	77	(6) to be transported in accordance with Sections
78	78	573.026 and 574.045, if the person is detained under Section
79	79	573.022 or transported under an order of protective custody under
80	80	Section 574.023; [and]
81	81	(7) to a reasonable opportunity to communicate with a
82	82	relative or other responsible person who has a proper interest in
83	83	the person's welfare; and
84	84	(8) be advised that their ability to purchase a
85	85	firearm upon discharge will be prohibited for 30 days.
86	86	SECTION 4. Section 573.027, Health and Safety Code, is
87	87	added to read as follows:
88	88	Sec. 573.027. NOTIFICATION OF DEPARTMENT OF PUBLIC SAFETY.
89	89	(a) In this section, "department" means the Department of Public
90	90	Safety.
91	91	(b) Upon release under Section 573.023, the facility shall
92	92	prepare and forward to the department:
93	93	(1) the complete name, race, and sex of the person;
94	94	(2) any known identifying number of the person,
95	95	including the person's social security number, driver's license
96	96	number, or state identification number;
97	97	(3) the person's date of birth; and
98	98	(4) a statement that the facility has released the
99	99	person pursuant to Section 573.023.
100	100	(c) If practicable, the facility shall forward to the
101	101	department the information described by Subsection (b) in an
102	102	electronic format prescribed by the department.
103	103	(d) The department by rule shall establish a procedure to
104	104	provide the information submitted by the facility under this
105	105	section regarding release from emergency detention to the Federal
106	106	Bureau of Investigation for use with the National Instant Criminal
107	107	Background Check System. Except as otherwise provided by state
108	108	law, the department may disseminate information under this
109	109	subsection regarding a person who has been released from emergency
110	110	detention under this subchapter only to the extent necessary to
111	111	allow the Federal Bureau of Investigation to collect and maintain a
112	112	list of persons who are prohibited under federal law from engaging
113	113	in certain activities with respect to a firearm.
114	114	(e) The department shall grant access to the information
115	115	under this section to the person who is the subject of the
116	116	information.
117	117	(f) Information maintained by the department regarding a
118	118	person who has been released from emergency detention under this
119	119	subchapter is confidential information for the use of the
120	120	department and, except as otherwise provided by this section and
121	121	other state law, may not be disseminated by the department.
122	122	(g) The department by rule shall establish a procedure to
123	123	correct department records to reflect the date of any person who has
124	124	been released from emergency detention under this subchapter and a
125	125	procedure to transmit the corrected records to the Federal Bureau
126	126	of Investigation.
127	127	SECTION 5. This Act takes effect September 1, 2023.