By: Johnson of Dallas, Harless, et al. H.B. No. 544
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain orders and convictions to the
Department of Public Safety and Federal Bureau of Investigation for
use with the National Instant Criminal Background Check System for
the transfer of firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 7B, Code of Criminal
Procedure, is amended by adding Article 7B.0085 to read as follows:
Art. 7B.0085. REPORTING. For an original or modified
protective order issued under this subchapter, on receipt of the
order from the clerk of the court, a law enforcement agency shall
immediately, but not later than the third calendar day after the
date the order is received, enter the information required by
Section 411.042(b)(6), Government Code, into the statewide law
enforcement information system maintained by the Department of
Public Safety.
SECTION 2. Subchapter B, Chapter 7B, Code of Criminal
Procedure, is amended by adding Article 7B.054 to read as follows:
Art. 7B.054. REPORTING. For an original or modified
protective order issued under this subchapter, on receipt of the
order from the clerk of the court, a law enforcement agency shall
immediately, but not later than the third calendar day after the
date the order is received, enter the information required by
Section 411.042(b)(6), Government Code, into the statewide law
enforcement information system maintained by the Department of
Public Safety.
SECTION 3. Article 66.252, Code of Criminal Procedure, is
amended by amending Subsections (b) and (d) and adding Subsections
(d-1) and (h) to read as follows:
(b) The arresting law enforcement agency shall prepare a
uniform incident fingerprint card described by Article 66.251 and
initiate the reporting process for each offender charged with:
(1) a felony;
(2) a misdemeanor for which a term of confinement may
be imposed; or
(3) a misdemeanor punishable by fine only that
involves family violence[, as defined by Section 71.004, Family
Code].
(d) Except as provided by Subsection (d-1) or (e) or as
otherwise required by applicable state law or rule, information or
data required by this chapter to be reported to the Department of
Public Safety or the Texas Department of Criminal Justice shall be
reported promptly but not later than the 30th day after the date on
which the information or data is received by the agency responsible
for reporting it.
(d-1) A conviction for an offense involving family violence
that would prohibit a person from possessing a firearm under state
or federal law shall be reported to the Department of Public Safety
not later than the fifth calendar day after the date the judgment of
conviction is entered.
(h) For purposes of this article, "family violence" has the
meaning assigned by Section 71.004, Family Code.
SECTION 4. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.0525 to read as follows:
Sec. 411.0525. REPORTING OF CERTAIN PROTECTIVE ORDERS AND
FAMILY VIOLENCE MISDEMEANOR CONVICTIONS. (a) In this section:
(1) "Family violence misdemeanor" means a misdemeanor
crime of domestic violence as defined by 18 U.S.C. Section 921.
(2) "Protective order" means a court order described
by 18 U.S.C. Section 922(g)(8).
(b) The department shall report to the Federal Bureau of
Investigation for use with the National Instant Criminal Background
Check System each protective order and each conviction for a family
violence misdemeanor not later than the third calendar day after
the date the department receives information that the protective
order or judgment of conviction was entered.
SECTION 5. Articles 7B.0085, 7B.054, and 66.252(d-1), Code
of Criminal Procedure, as added by this Act, apply only to a
protective order or judgment of conviction entered on or after the
effective date of this Act.
SECTION 6. Section 411.0525, Government Code, as added by
this Act, applies only to information received by the Department of
Public Safety of the State of Texas on or after the effective date
of this Act.
SECTION 7. This Act takes effect September 1, 2023.