Texas 2023 - 88th Regular

Texas Senate Bill SB728 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 728
2	2
3	3
4	4	AN ACT
5	5	relating to the reporting of mental health and intellectual
6	6	disability information with respect to certain children for
7	7	purposes of a federal firearm background check.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.052(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) In this section, "federal prohibited person
12	12	information" means information that identifies:
13	13	(1) an individual who is at least 16 years of age as:
14	14	(A) [(1)] a person ordered by a court to receive
15	15	inpatient mental health services under Chapter 574, Health and
16	16	Safety Code;
17	17	(B) [(2)] a person acquitted in a criminal case
18	18	by reason of insanity or lack of mental responsibility, regardless
19	19	of whether the person is ordered by a court to receive inpatient
20	20	treatment or residential care under Chapter 46C, Code of Criminal
21	21	Procedure;
22	22	(C) [(3)] a person determined to have an
23	23	intellectual disability [mental retardation] and committed by a
24	24	court for long-term placement in a residential care facility under
25	25	Chapter 593, Health and Safety Code; or
26	26	(D) [(4) an incapacitated adult individual for
27	27	whom a court has appointed a guardian of the individual under Title
28	28	3, Estates Code, based on the determination that the person lacks
29	29	the mental capacity to manage the person's affairs; or
30	30	[(5)] a person determined to be incompetent to stand
31	31	trial under Chapter 46B, Code of Criminal Procedure;
32	32	(2) a child who is at least 16 years of age and has
33	33	been:
34	34	(A) found unfit to proceed under Subchapter C,
35	35	Chapter 55, Family Code, as a result of mental illness or an
36	36	intellectual disability;
37	37	(B) found not responsible for the child's conduct
38	38	under Subchapter D, Chapter 55, Family Code, as a result of mental
39	39	illness or an intellectual disability;
40	40	(C) ordered by a court to receive inpatient
41	41	mental health services under Subchapter B, C, or D, Chapter 55,
42	42	Family Code, as a result of mental illness; or
43	43	(D) committed by a court to a residential care
44	44	facility under Subchapter C or D, Chapter 55, Family Code, as a
45	45	result of an intellectual disability; or
46	46	(3) an incapacitated adult person for whom a court has
47	47	appointed a guardian of the person under Title 3, Estates Code,
48	48	based on the determination that the person lacks the mental
49	49	capacity to manage the person's affairs.
50	50	SECTION 2. Section 411.0521, Government Code, is amended by
51	51	amending Subsection (a) and adding Subsection (c-1) to read as
52	52	follows:
53	53	(a) The clerk of the court shall prepare and forward to the
54	54	department the information described by Subsection (b) not later
55	55	than the 30th day after the date the court:
56	56	(1) performs any of the following actions:
57	57	(A) with respect to an individual who is at least
58	58	16 years of age:
59	59	(i) [(1)] orders a person to receive
60	60	inpatient mental health services under Chapter 574, Health and
61	61	Safety Code;
62	62	(ii) [(2)] acquits a person in a criminal
63	63	case by reason of insanity or lack of mental responsibility,
64	64	regardless of whether the person is ordered to receive inpatient
65	65	treatment or residential care under Chapter 46C, Code of Criminal
66	66	Procedure;
67	67	(iii) [(3)] commits a person determined to
68	68	have an intellectual disability [mental retardation] for long-term
69	69	placement in a residential care facility under Chapter 593, Health
70	70	and Safety Code;
71	71	(iv) [(4) appoints a guardian of the
72	72	incapacitated adult individual under Title 3, Estates Code, based
73	73	on the determination that the person lacks the mental capacity to
74	74	manage the person's affairs;
75	75	[(5)] determines a person is incompetent to stand trial
76	76	under Chapter 46B, Code of Criminal Procedure; or
77	77	(v) [(6)] finds a person is entitled to
78	78	relief from disabilities under Section 574.088, Health and Safety
79	79	Code; or
80	80	(B) with respect to a child who is at least 16
81	81	years of age:
82	82	(i) finds a child unfit to proceed under
83	83	Subchapter C, Chapter 55, Family Code, as a result of mental illness
84	84	or an intellectual disability;
85	85	(ii) finds a child not responsible for the
86	86	child's conduct under Subchapter D, Chapter 55, Family Code, as a
87	87	result of mental illness or an intellectual disability;
88	88	(iii) orders a child to receive inpatient
89	89	mental health services under Subchapter B, C, or D, Chapter 55,
90	90	Family Code, as a result of mental illness; or
91	91	(iv) commits a child to a residential care
92	92	facility under Subchapter C or D, Chapter 55, Family Code, as a
93	93	result of an intellectual disability; or
94	94	(2) appoints a guardian of the incapacitated adult
95	95	person under Title 3, Estates Code, based on the determination that
96	96	the person lacks the mental capacity to manage the person's
97	97	affairs.
98	98	(c-1) On request of the department, the clerk of the court
99	99	shall forward a signed court order containing federal prohibited
100	100	person information to the department for an audit of records
101	101	provided to the Federal Bureau of Investigation under Section
102	102	411.052 for use with the National Instant Criminal Background Check
103	103	System. If the department determines that a record forwarded under
104	104	this subsection is incomplete or invalid:
105	105	(1) the department shall notify the clerk of the
106	106	court; and
107	107	(2) the clerk of the court shall forward to the
108	108	department any additional information or record.
109	109	SECTION 3. Section 58.007(a), Family Code, is amended to
110	110	read as follows:
111	111	(a) This section applies only to the inspection, copying,
112	112	and maintenance of a record concerning a child and the storage of
113	113	information, by electronic means or otherwise, concerning the child
114	114	from which a record could be generated and does not affect the
115	115	collection, dissemination, or maintenance of information as
116	116	provided by Subchapter B or D-1. This section does not apply to a
117	117	record relating to a child that is:
118	118	(1) required or authorized to be maintained under the
119	119	laws regulating the operation of motor vehicles in this state;
120	120	(2) maintained by a municipal or justice court; [or]
121	121	(3) subject to disclosure under Chapter 62, Code of
122	122	Criminal Procedure;
123	123	(4) required to be provided to the Federal Bureau of
124	124	Investigation under Section 411.052, Government Code, for use with
125	125	the National Instant Criminal Background Check System; or
126	126	(5) required to be forwarded to the Department of
127	127	Public Safety under Section 411.0521, Government Code.
128	128	SECTION 4. Sections 411.052 and 411.0521, Government Code,
129	129	as amended by this Act, apply only to a finding, order, or
130	130	commitment that occurs on or after the effective date of this Act.
131	131	A finding, order, or commitment that occurred before the effective
132	132	date of this Act is governed by the law in effect on the date the
133	133	finding, order, or commitment occurred, and the former law is
134	134	continued in effect for that purpose.
135	135	SECTION 5. Section 58.007, Family Code, as amended by this
136	136	Act, applies to records created before, on, or after the effective
137	137	date of this Act.
138	138	SECTION 6. This Act takes effect September 1, 2023.
139	139	______________________________ ______________________________
140	140	President of the Senate Speaker of the House
141	141	I hereby certify that S.B. No. 728 passed the Senate on
142	142	March 8, 2023, by the following vote: Yeas 31, Nays 0.
143	143	______________________________
144	144	Secretary of the Senate
145	145	I hereby certify that S.B. No. 728 passed the House on
146	146	May 17, 2023, by the following vote: Yeas 116, Nays 28, one
147	147	present not voting.
148	148	______________________________
149	149	Chief Clerk of the House
150	150	Approved:
151	151	______________________________
152	152	Date
153	153	______________________________
154	154	Governor