Texas Senate Bill SB1184

Texas 2023 - 88th Regular

• Filed: 2/24/23

Caption

Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.

Impact

If enacted, SB 1184 would specifically modify sections of the Government Code and the Family Code to dictate how and when mental health information must be submitted for federal background checks. The bill stipulates that clerks of courts must forward relevant information to the Department within a specified timeframe following any judicial findings related to a child's need for mental health services. This change is anticipated to improve the thoroughness and reliability of the firearm background check system, potentially preventing individuals with serious mental health issues from obtaining firearms.

Summary

Senate Bill 1184 seeks to amend state law concerning the reporting of mental health and intellectual disability information for children as it relates to federal firearm background checks. The primary objective of this legislation is to ensure that necessary mental health information is accurately reported during the firearm background check process, especially for children who may pose potential risks due to their mental health issues. This initiative reflects a growing concern about gun violence and the mental health factors that may contribute to it, aimed at enhancing public safety through stricter reporting requirements.

Sentiment

The general sentiment around SB 1184 appears to be supportive among those advocating for stronger gun control measures and improved mental health reporting. Proponents view this bill as a necessary step to close loopholes in the current system that could allow individuals who are a danger to themselves or others to access firearms. However, there may also be concerns regarding privacy and the potential stigma associated with mental health reporting, which could provoke dissent from mental health advocates or civil rights groups who fear the bill may unfairly target vulnerable populations.

Contention

Notable points of contention may arise surrounding the balance between public safety and individual rights. Critics could argue that the bill places undue emphasis on mental health as a determinant for firearm access, potentially leading to discrimination against individuals with mental disabilities. Moreover, some stakeholders may question the efficacy and ethics of such reporting requirements, given that mental health issues do not inherently predispose individuals to violence. This discussion is indicative of larger national debates on gun control, mental health, and public safety.

Texas Constitutional Statutes Affected

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: 052
  • Section: 0521

Family Code

• Chapter 58. Records; Juvenile Justice Information System
  • Section: New Section

• Chapter 55. Proceedings Concerning Children With Mental Illness Or Intellectual Disability
  • Section: New Section

Health And Safety Code

• Chapter 574. Court-ordered Mental Health Services
  • Section: New Section

• Chapter 593. Admission And Commitment To Intellectual Disability Services
  • Section: New Section

Code Of Criminal Procedure

• Chapter 46. Miscellaneous Provisions Relating To Mental Illness And Intellectual Disability
  • Section: New Section