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A BILL TO BE ENTITLED
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AN ACT
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relating to federal firearm reporting for a person who voluntarily |
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identifies as a person with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 411.052(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) In this section, "federal prohibited person |
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information" means information that identifies an individual as: |
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(1) a person ordered by a court to receive inpatient |
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mental health services under Chapter 574, Health and Safety Code; |
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(2) a person acquitted in a criminal case by reason of |
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insanity or lack of mental responsibility, regardless of whether |
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the person is ordered by a court to receive inpatient treatment or |
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residential care under Chapter 46C, Code of Criminal Procedure; |
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(3) a person determined to have mental retardation and |
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committed by a court for long-term placement in a residential care |
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facility under Chapter 593, Health and Safety Code; |
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(4) an incapacitated adult individual for whom a court |
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has appointed a guardian of the individual under Chapter XIII, |
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Probate Code, based on the determination that the person lacks the |
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mental capacity to manage the person's affairs; [or] |
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(5) a person determined to be incompetent to stand |
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trial under Chapter 46B, Code of Criminal Procedure; or |
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(6) a person who voluntarily identifies the person's |
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self to the department or a local law enforcement agency as a person |
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with a mental illness who should be precluded from possessing a |
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firearm. |
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(b) The department by rule shall establish a procedure to |
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provide federal prohibited person information to the Federal Bureau |
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of Investigation for use with the National Instant Criminal |
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Background Check System. The department by rule shall establish a |
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procedure to collect and provide information about a person who |
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voluntarily identifies the person's self to the department or a |
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local law enforcement agency as a person with a mental illness who |
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should be precluded from possessing a firearm. Except as otherwise |
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provided by state law, the department may disseminate federal |
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prohibited person information under this subsection only to the |
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extent necessary to allow the Federal Bureau of Investigation to |
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collect and maintain a list of persons who are prohibited under |
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federal law from engaging in certain activities with respect to a |
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firearm. |
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SECTION 2. Section 574.088, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A person who voluntarily identifies the person's self |
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to the department or a local law enforcement agency as a person with |
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a mental illness may petition a court with jurisdiction of |
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proceedings under Subtitle C, Title 7, Health and Safety Code, for |
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an order stating that the person qualifies for relief from a |
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firearms disability. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |