By: Huffman, et al.	S.B. No. 728
	(In the Senate - Filed February 7, 2023; February 22, 2023,
	read first time and referred to Committee on State Affairs;
	March 3, 2023, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 9, Nays 0; March 3, 2023,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 728	By:  Zaffirini

	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; or
	(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;
	(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) [(1)]  orders a person to receive
	inpatient mental health services under Chapter 574, Health and
	Safety Code;
	(ii) [(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;
	(iii) [(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;
	(iv)  [(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; or
	(v) [(6)]  finds a person is entitled to
	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; [or]
	(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.
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