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88(R) SB 1184 - Introduced version - Bill Text

Category: Legislation
88(R) SB 1184 - Introduced version - Bill Text

Relating to the reporting of mental health and intellectual disability information with respect to certain children for purposes of a federal firearm background check.

https://capitol.texas.gov/tlodocs/88R/billtext/html/SB01184I.htm

  88R4547 MCF-F
 
  By: Eckhardt S.B. No. 1184
 
 
 
A BILL TO BE ENTITLED
 
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;
                     (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; or
                     (E)  a child who has been:
                           (i)  found unfit to proceed under Subchapter
  C, Chapter 55, Family Code, as a result of mental illness or an
  intellectual disability;
                           (ii)  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;
                           (iii)  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
                           (iv)  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
               (2)  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(a), Government Code, is amended
  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 with respect
  to an individual who is at least 16 years of age:
                     (A) [(1)]  orders a person to receive inpatient
  mental health services under Chapter 574, Health and Safety Code;
                     (B) [(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;
                     (C) [(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;
                     (D)  [(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;
                     (E)  finds a child unfit to proceed under
  Subchapter C, Chapter 55, Family Code, as a result of mental illness
  or an intellectual disability;
                     (F)  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;
                     (G)  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;
                     (H)  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
                     (I) [(6)]  finds a person is entitled to relief
  from disabilities under Section 574.088, Health and Safety Code;
  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.
         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 for use with the National Instant Criminal Background
  Check System under Section 411.052, Government Code; 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.
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