Bill Text: TX HB3741 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to an education program for firearms sellers regarding mental health and immunity from civil liability for certain actions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-21 - Referred to Homeland Security & Public Safety [HB3741 Detail]

Download: Texas-2013-HB3741-Introduced.html

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83R8592 AED-D
By: Burnam H.B. No. 3741

A BILL TO BE ENTITLED
AN ACT
relating to an education program for firearms sellers regarding
mental health and immunity from civil liability for certain
actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1001.072, Health and Safety Code, is
amended to read as follows:
Sec. 1001.072. GENERAL POWERS AND DUTIES OF DEPARTMENT
RELATED TO MENTAL HEALTH. (a) The department is responsible for
administering human services programs regarding mental health,
including:
(1) administering and coordinating mental health
services at the local and state level;
(2) operating the state's mental health facilities;
and
(3) inspecting, licensing, and enforcing regulations
regarding mental health facilities, other than long-term care
facilities regulated by the Department of Aging and Disability
Services.
(b) The department shall develop an education program to
educate firearms dealers about mental illness, including signs of
mental illness.
(c) A firearms dealer or a person who sells a firearm for a
firearms dealer is immune from civil liability in an action brought
against the dealer or the person for refusing to sell a firearm to a
potential buyer if the dealer or the person:
(1) attended the education program described by
Subsection (b); and
(2) believes in good faith that the potential buyer is
a person with mental illness.
(d) Subsection (c) does not apply to a firearms dealer who
directly or indirectly encourages a person to sell a firearm to a
person with mental illness.
SECTION 2. Not later than January 1, 2014, the Department of
State Health Services shall develop the education program as
required by Section 1001.072(b), Health and Safety Code, as added
by this Act.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.