Bill Text: TX SB728 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB728 Detail]
Download: Texas-2023-SB728-Engrossed.html
Bill Title: Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB728 Detail]
Download: Texas-2023-SB728-Engrossed.html
By: Huffman, et al. | S.B. No. 728 |
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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) [ |
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inpatient mental health services under Chapter 574, Health and | ||
Safety Code; | ||
(B) [ |
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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) [ |
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intellectual disability [ |
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court for long-term placement in a residential care facility under | ||
Chapter 593, Health and Safety Code; or | ||
(D) [ |
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[ |
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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) [ |
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inpatient mental health services under Chapter 574, Health and | ||
Safety Code; | ||
(ii) [ |
||
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) [ |
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have an intellectual disability [ |
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placement in a residential care facility under Chapter 593, Health | ||
and Safety Code; | ||
(iv) [ |
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[ |
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under Chapter 46B, Code of Criminal Procedure; or | ||
(v) [ |
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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; [ |
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(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. |