S.B. No. 728
AN ACT
relating to the reporting of mental health and intellectual
disability information with respect to certain children for
purposes of a federal firearm background check.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.052(a), Government Code, is amended
to read as follows:
(a) In this section, "federal prohibited person
information" means information that identifies:
(1) an individual who is at least 16 years of age as:
(A) [(1)] a person ordered by a court to receive
inpatient mental health services under Chapter 574, Health and
Safety Code;
(B) [(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;
(C) [(3)] a person determined to have an
intellectual disability [mental retardation] and committed by a
court for long-term placement in a residential care facility under
Chapter 593, Health and Safety Code; or
(D) [(4) an incapacitated adult individual for
whom a court has appointed a guardian of the individual under Title
3, Estates 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;
(2) a child who is at least 16 years of age and has
been:
(A) found unfit to proceed under Subchapter C,
Chapter 55, Family Code, as a result of mental illness or an
intellectual disability;
(B) found not responsible for the child's conduct
under Subchapter D, Chapter 55, Family Code, as a result of mental
illness or an intellectual disability;
(C) ordered by a court to receive inpatient
mental health services under Subchapter B, C, or D, Chapter 55,
Family Code, as a result of mental illness; or
(D) committed by a court to a residential care
facility under Subchapter C or D, Chapter 55, Family Code, as a
result of an intellectual disability; or
(3) an incapacitated adult person for whom a court has
appointed a guardian of the person under Title 3, Estates Code,
based on the determination that the person lacks the mental
capacity to manage the person's affairs.
SECTION 2. Section 411.0521, Government Code, is amended by
amending Subsection (a) and adding Subsection (c-1) to read as
follows:
(a) The clerk of the court shall prepare and forward to the
department the information described by Subsection (b) not later
than the 30th day after the date the court:
(1) performs any of the following actions:
(A) with respect to an individual who is at least
16 years of age:
(i) [(1)] orders a person to receive
inpatient mental health services under Chapter 574, Health and
Safety Code;
(ii) [(2)] acquits a person in a criminal
case by reason of insanity or lack of mental responsibility,
regardless of whether the person is ordered to receive inpatient
treatment or residential care under Chapter 46C, Code of Criminal
Procedure;
(iii) [(3)] commits a person determined to
have an intellectual disability [mental retardation] for long-term
placement in a residential care facility under Chapter 593, Health
and Safety Code;
(iv) [(4) appoints a guardian of the
incapacitated adult individual under Title 3, Estates Code, based
on the determination that the person lacks the mental capacity to
manage the person's affairs;
[(5)] determines a person is incompetent to stand trial
under Chapter 46B, Code of Criminal Procedure; or
(v) [(6)] finds a person is entitled to
relief from disabilities under Section 574.088, Health and Safety
Code; or
(B) with respect to a child who is at least 16
years of age:
(i) finds a child unfit to proceed under
Subchapter C, Chapter 55, Family Code, as a result of mental illness
or an intellectual disability;
(ii) finds a child not responsible for the
child's conduct under Subchapter D, Chapter 55, Family Code, as a
result of mental illness or an intellectual disability;
(iii) orders a child to receive inpatient
mental health services under Subchapter B, C, or D, Chapter 55,
Family Code, as a result of mental illness; or
(iv) commits a child to a residential care
facility under Subchapter C or D, Chapter 55, Family Code, as a
result of an intellectual disability; or
(2) appoints a guardian of the incapacitated adult
person under Title 3, Estates Code, based on the determination that
the person lacks the mental capacity to manage the person's
affairs.
(c-1) On request of the department, the clerk of the court
shall forward a signed court order containing federal prohibited
person information to the department for an audit of records
provided to the Federal Bureau of Investigation under Section
411.052 for use with the National Instant Criminal Background Check
System. If the department determines that a record forwarded under
this subsection is incomplete or invalid:
(1) the department shall notify the clerk of the
court; and
(2) the clerk of the court shall forward to the
department any additional information or record.
SECTION 3. Section 58.007(a), Family Code, is amended to
read as follows:
(a) This section applies only to the inspection, copying,
and maintenance of a record concerning a child and the storage of
information, by electronic means or otherwise, concerning the child
from which a record could be generated and does not affect the
collection, dissemination, or maintenance of information as
provided by Subchapter B or D-1. This section does not apply to a
record relating to a child that is:
(1) required or authorized to be maintained under the
laws regulating the operation of motor vehicles in this state;
(2) maintained by a municipal or justice court; [or]
(3) subject to disclosure under Chapter 62, Code of
Criminal Procedure;
(4) required to be provided to the Federal Bureau of
Investigation under Section 411.052, Government Code, for use with
the National Instant Criminal Background Check System; or
(5) required to be forwarded to the Department of
Public Safety under Section 411.0521, Government Code.
SECTION 4. Sections 411.052 and 411.0521, Government Code,
as amended by this Act, apply only to a finding, order, or
commitment that occurs on or after the effective date of this Act.
A finding, order, or commitment that occurred before the effective
date of this Act is governed by the law in effect on the date the
finding, order, or commitment occurred, and the former law is
continued in effect for that purpose.
SECTION 5. Section 58.007, Family Code, as amended by this
Act, applies to records created before, on, or after the effective
date of this Act.
SECTION 6. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 728 passed the Senate on
March 8, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 728 passed the House on
May 17, 2023, by the following vote: Yeas 116, Nays 28, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor