86R7942 GCB-D
	By: Watson	S.B. No. 1945

	A BILL TO BE ENTITLED
	AN ACT
	relating to a court's authority to temporarily restrict the ability
	of a proposed patient for court-ordered mental health services to
	possess a firearm.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 18.191, Code of Criminal Procedure, is
	amended by amending Subsections (c) and (d) and adding Subsection
	(d-1) to read as follows:
	(c)  Not later than the 30th day after the date a firearm
	subject to disposition under this article is seized, the law
	enforcement agency holding the firearm shall contact the court in
	the county having jurisdiction to order commitment under Chapter
	574, Health and Safety Code, and request the disposition of the
	case.  Not later than the 30th day after the date of this request,
	the clerk of the court shall advise the requesting agency:
	(1)  whether the person taken into custody was released
	under Section 573.023, Health and Safety Code, or was ordered to
	receive outpatient mental health services or inpatient mental
	health services under Section 574.034 or 574.035, Health and Safety
	Code; and
	(2)  whether the person is subject to a temporary
	firearm restriction ordered under Section 574.0335, Health and
	Safety Code.
	(d)  Except as provided by Subsection (d-1), not [Not] later
	than the 30th day after the date the clerk of the court informs a law
	enforcement agency holding a firearm subject to disposition under
	this article that the person taken into custody was released under
	Section 573.023, Health and Safety Code, the law enforcement agency
	shall:
	(1)  conduct a check of state and national criminal
	history record information to verify whether the person may
	lawfully possess a firearm under 18 U.S.C. Section 922(g); and
	(2)  provide written notice to the person by certified
	mail that the firearm may be returned to the person on verification
	under Subdivision (1) that the person may lawfully possess the
	firearm.
	(d-1)  If the clerk of court informs a law enforcement agency
	holding a firearm subject to disposition under this article that
	the person is subject to a temporary firearm restriction ordered
	under Section 574.0335, Health and Safety Code, the law enforcement
	agency shall hold the firearm until the expiration of the 90-day
	period of the restriction. Not later than 30 days before the
	expiration of the 90-day period of the restriction, the law
	enforcement agency shall conduct the verification required under
	Subsection (d)(1) and provide the notice described by Subsection
	(d)(2).  If the law enforcement agency verifies that the person
	lawfully may possess a firearm, the firearm may be returned to the
	person on expiration of the 90-day period of the restriction. A law
	enforcement agency may return a firearm to a person who lawfully may
	possess a firearm before the expiration of the 90-day period if the
	person provides a copy of an order showing the court granted the
	person's appeal of the restriction, in accordance with Section
	574.0335(b), Health and Safety Code.
	SECTION 2.  Subchapter C, Chapter 574, Health and Safety
	Code, is amended by adding Section 574.0335 to read as follows:
	Sec. 574.0335.  ORDER IMPOSING TEMPORARY FIREARM
	RESTRICTION. (a)  The judge may issue an order prohibiting the
	owning, possessing, or purchasing of a firearm for a period of 90
	days by a proposed patient who is ordered to receive court-ordered
	outpatient mental health services under Section 574.034 or 574.035,
	or who does not otherwise meet the applicable criteria for
	court-ordered mental health services and is released under Section
	574.033, if the court finds by clear and convincing evidence that
	the proposed patient's possession of a firearm would present a
	substantial risk of serious harm to the proposed patient's self or
	to others.
	(b)  A person may appeal a temporary firearm restriction
	imposed on the person under this section not sooner than 30 days
	after the date the order is imposed. The court shall hold a hearing
	to consider the appeal and shall remove the restriction unless the
	court finds by clear and convincing evidence that the person's
	possession of a firearm continues to pose a substantial risk of
	serious harm to the person's self or to others.
	(c)  If the court denies a person's appeal, the temporary
	firearm restriction shall continue, and the person may not make a
	subsequent appeal of the restriction for the remainder of the
	90-day period for which the restriction is imposed.
	SECTION 3.  (a) The change in law made by this Act to Article
	18.191, Code of Criminal Procedure, applies only to the disposition
	of a firearm seized by a law enforcement agency on or after the
	effective date of this Act.
	(b)  The change in law made by this Act in adding Section
	574.0335, Health and Safety Code, applies to a hearing held under
	that chapter on or after the effective date of this Act, regardless
	of whether conduct of a proposed patient that is a subject of the
	hearing occurred before the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2019.