|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the establishment and use of a voluntary registry of |
|
individuals experiencing mental illness who waive the right to |
|
purchase or receive transfer of a firearm; creating criminal |
|
offenses. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 411, Government Code, is amended by |
|
adding Subchapter H-1 to read as follows: |
|
SUBCHAPTER H-1. VOLUNTARY REGISTRY OF INDIVIDUALS EXPERIENCING |
|
MENTAL ILLNESS WHO WAIVE RIGHT TO PURCHASE OR RECEIVE TRANSFER OF |
|
FIREARM |
|
Sec. 411.221. DEFINITIONS. In this subchapter: |
|
(1) "Firearm" has the meaning assigned by Section |
|
46.01, Penal Code. |
|
(2) "Licensed firearms dealer" means an individual who |
|
is licensed as a firearms dealer under 18 U.S.C. Section 923. |
|
Sec. 411.222. VOLUNTARY REGISTRY OF INDIVIDUALS WAIVING |
|
RIGHT TO PURCHASE OR RECEIVE TRANSFER OF FIREARM. The department |
|
shall establish and maintain a registry that identifies individuals |
|
who have voluntarily waived the right to purchase or receive |
|
transfer of a firearm under Section 411.223, except that the |
|
registry may not include information for an individual with respect |
|
to a waiver that has been revoked under Section 411.226. |
|
Sec. 411.223. WAIVER OF RIGHT TO PURCHASE OR RECEIVE |
|
TRANSFER OF FIREARM. (a) An individual experiencing mental |
|
illness may submit to the department, on a form prescribed by the |
|
department, a waiver of the individual's right to purchase or |
|
receive transfer of a firearm. |
|
(b) The waiver form must require the individual to provide |
|
information sufficient to enable the department to verify the |
|
individual's identity. |
|
(c) In addition to other requirements specified by |
|
department rule, the waiver form must contain the following |
|
prominently displayed statement: |
|
"BECAUSE YOU HAVE SUBMITTED THIS WAIVER, YOU MAY NOT PURCHASE |
|
OR RECEIVE TRANSFER OF ANY FIREARMS. YOU MAY VOLUNTARILY REVOKE |
|
THIS WAIVER AT ANY TIME BY SUBMITTING A REVOCATION FORM TO THE TEXAS |
|
DEPARTMENT OF PUBLIC SAFETY." |
|
(d) In submitting the waiver, the individual may designate a |
|
third person to be notified if the individual revokes the waiver. |
|
(e) The fact that an individual has submitted a waiver under |
|
this section or is listed in the voluntary registry does not in |
|
itself prohibit the individual from possessing a firearm under |
|
state law. |
|
Sec. 411.224. ADDITION TO VOLUNTARY REGISTRY. Not later |
|
than 24 hours after the department receives the completed waiver |
|
form, the department shall enter the individual's name and |
|
identifying information in the registry. |
|
Sec. 411.225. DUTY TO ACCESS VOLUNTARY REGISTRY. Before |
|
transferring a firearm to an individual, a licensed firearms dealer |
|
shall access the voluntary registry to ensure that the individual |
|
is not listed in that registry, regardless of whether the |
|
individual presents an apparently valid license to carry a handgun |
|
issued under Subchapter H. |
|
Sec. 411.226. REVOCATION OF WAIVER; REMOVAL FROM VOLUNTARY |
|
REGISTRY. (a) An individual experiencing mental illness may |
|
revoke a waiver under this subchapter by submitting a revocation to |
|
the department on a form prescribed by the department. |
|
(b) The revocation form must require the individual to |
|
provide information sufficient to enable the department to verify |
|
that the individual submitting the revocation is the same |
|
individual who submitted the waiver. |
|
(c) Not later than 24 hours after the department receives a |
|
revocation form, the department shall, if applicable, notify the |
|
third person designated in the waiver under Section 411.223(d) that |
|
the department has received a revocation form. |
|
(d) Subject to Subsection (e), not later than the seventh |
|
day after the date the department receives a revocation form, the |
|
department shall: |
|
(1) remove all information about the individual from |
|
the voluntary registry; |
|
(2) destroy all records of the waiver and revocation |
|
forms; and |
|
(3) notify the individual that all information about |
|
the individual was successfully removed from the voluntary |
|
registry. |
|
(e) The department may not remove information about an |
|
individual from the voluntary registry before the seventh day after |
|
the date the individual submitted the waiver for inclusion in the |
|
registry, regardless of whether a revocation of the waiver is made |
|
before the expiration of that period. |
|
Sec. 411.227. MULTIPLE WAIVERS AND REVOCATIONS PERMITTED. |
|
An individual experiencing mental illness may make one or more |
|
waivers or revocations of waiver under this subchapter, as the |
|
individual considers necessary or appropriate. |
|
Sec. 411.228. WAIVERS AND REVOCATIONS BY AUTHORIZED |
|
REPRESENTATIVE PERMITTED. A person who is authorized by law to |
|
represent an individual experiencing mental illness may make, as |
|
the authorized representative considers necessary or appropriate, |
|
waivers or revocations of waivers under this subchapter on behalf |
|
of the individual, provided that the waiver or revocation is |
|
considered within the scope of the representation. |
|
Sec. 411.229. AVAILABILITY OF FORMS. The department shall |
|
make available the waiver form described by Section 411.223 and the |
|
revocation form described by Section 411.226: |
|
(1) on the department's Internet website; |
|
(2) at each county clerk's office; |
|
(3) at the location at which a licensed firearms |
|
dealer conducts sales or other transfers of firearms; and |
|
(4) to individuals and facilities that are licensed, |
|
certified, or otherwise authorized to provide mental health care |
|
services, for profit or otherwise, in the ordinary course of |
|
business or professional practice. |
|
Sec. 411.230. VOLUNTARY REGISTRY ACCESSIBILITY. The |
|
department shall ensure that the volunteer registry is maintained |
|
in a secure electronic database that: |
|
(1) documents the date and time that any information |
|
about a specific individual is added to or removed from the |
|
registry; |
|
(2) provides a licensed firearms dealer with real time |
|
access to the registry and documents the name of the specific dealer |
|
gaining access and the date and time that the access occurred; and |
|
(3) prevents unauthorized access to the registry. |
|
Sec. 411.231. CONFIDENTIALITY AND DISCLOSURE OF |
|
INFORMATION. Information obtained by the department for the |
|
voluntary registry: |
|
(1) is confidential and not subject to disclosure |
|
under Chapter 552; and |
|
(2) may not be disclosed except to a licensed firearms |
|
dealer in connection with a prospective transfer of a firearm or to |
|
a law enforcement agency. |
|
Sec. 411.232. OFFENSE. (a) A person commits an offense if |
|
the person knowingly: |
|
(1) submits a waiver form under Section 411.223 to the |
|
department to add the name and identifying information of another |
|
person to the voluntary registry without the other person's |
|
effective consent; or |
|
(2) submits a revocation form under Section 411.226 to |
|
the department to remove the name and identifying information of |
|
another person from the voluntary registry without the other |
|
person's effective consent. |
|
(b) An offense under this section is a state jail felony. |
|
Sec. 411.233. CONSIDERATION IN LEGAL PROCEEDINGS |
|
PROHIBITED. A court may not consider a waiver or revocation under |
|
this subchapter as evidence in any legal proceeding other than in |
|
the prosecution of an offense under Section 46.06(a)(7), Penal |
|
Code, or Section 411.232 of this code. |
|
Sec. 411.234. BENEFITS. Subject to Section 411.228, a |
|
person may not require an individual experiencing mental illness to |
|
submit a waiver under this subchapter for any reason, including as a |
|
condition of receiving employment, housing, education, or any |
|
benefit or service. |
|
Sec. 411.235. RULES. (a) The director shall adopt rules to |
|
establish and maintain the voluntary registry, including rules |
|
prescribing the forms necessary for submission or revocation of a |
|
waiver described by this subchapter. |
|
(b) The rules governing use or disclosure of information in |
|
the registry must be at least as stringent as the Health Insurance |
|
Portability and Accountability Act and Privacy Standards, as |
|
defined by Section 181.001, Health and Safety Code. |
|
SECTION 2. Section 46.06(a), Penal Code, is amended to read |
|
as follows: |
|
(a) A person commits an offense if the person: |
|
(1) sells, rents, leases, loans, or gives a handgun to |
|
any person knowing that the person to whom the handgun is to be |
|
delivered intends to use it unlawfully or in the commission of an |
|
unlawful act; |
|
(2) intentionally or knowingly sells, rents, leases, |
|
or gives or offers to sell, rent, lease, or give to any child |
|
younger than 18 years of age any firearm, club, or |
|
location-restricted knife; |
|
(3) intentionally, knowingly, or recklessly sells a |
|
firearm or ammunition for a firearm to any person who is |
|
intoxicated; |
|
(4) knowingly sells a firearm or ammunition for a |
|
firearm to any person who has been convicted of a felony before the |
|
fifth anniversary of the later of the following dates: |
|
(A) the person's release from confinement |
|
following conviction of the felony; or |
|
(B) the person's release from supervision under |
|
community supervision, parole, or mandatory supervision following |
|
conviction of the felony; |
|
(5) sells, rents, leases, loans, or gives a handgun to |
|
any person knowing that an active protective order is directed to |
|
the person to whom the handgun is to be delivered; [or] |
|
(6) knowingly purchases, rents, leases, or receives as |
|
a loan or gift from another a handgun while an active protective |
|
order is directed to the actor; or |
|
(7) is a licensed firearms dealer and sells or |
|
otherwise transfers a firearm to a person the dealer knows is listed |
|
in the voluntary registry created under Subchapter H-1, Chapter |
|
411, Government Code. |
|
SECTION 3. Section 46.06(b), Penal Code, is amended by |
|
adding Subdivision (3) to read as follows: |
|
(3) "Licensed firearms dealer" means a person who is |
|
licensed as a firearms dealer under 18 U.S.C. Section 923. |
|
SECTION 4. (a) Not later than September 1, 2022, the |
|
Department of Public Safety of the State of Texas shall develop and |
|
make available the waiver and revocation forms and create the |
|
voluntary registry required by Subchapter H-1, Chapter 411, |
|
Government Code, as added by this Act. |
|
(b) Section 46.06(a), Penal Code, as amended by this Act, |
|
applies only to a sale or other transfer of a firearm that occurs on |
|
or after September 1, 2022. |
|
SECTION 5. This Act takes effect September 1, 2021. |