89R3076 EAS-F
	By: Gámez	H.B. No. 2161

	A BILL TO BE ENTITLED
	AN ACT
	relating to federal firearm reporting for persons recently released
	from emergency detention.
	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)  a person ordered by a court to receive
	inpatient mental health services under Chapter 574, Health and
	Safety Code;
	(B)  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)  a person determined to have an intellectual
	disability and committed by a court for long-term placement in a
	residential care facility under Chapter 593, Health and Safety
	Code; or
	(D)  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)  a person who is released from emergency detention
	under Chapter 573, Health and Safety Code, and is prohibited under
	federal law from engaging in certain activities involving a firearm
	on a date earlier than the 30th day following the release date; or
	(4)  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.  Subchapter A, Chapter 573, Health and Safety
	Code, is amended by adding Section 573.0022 to read as follows:
	Sec. 573.0022.  NOTIFICATION SUBMITTED TO DEPARTMENT OF
	PUBLIC SAFETY REGARDING WARD. (a) In this section, "department"
	means the Department of Public Safety of the State of Texas.
	(b)  As soon as practicable but not later than the first
	working day after the date a peace officer places a person who is a
	ward into custody under this subchapter, the peace officer shall
	provide information on the ward to the department for the
	department to provide to the Federal Bureau of Investigation for
	use with the National Instant Criminal Background Check System.
	Except as otherwise provided by state law, the department may
	disseminate information on a ward described by this subsection only
	to the extent necessary to allow the Federal Bureau of
	Investigation to collect and maintain a list of persons who under
	federal law are prohibited from engaging in certain activities
	involving a firearm.
	(c)  The department shall provide to a ward described by this
	section access to information on the ward that is submitted to the
	department.
	(d)  Information the department maintains on a ward
	described by this section is confidential and may not be disclosed
	by the department except as otherwise provided by this section or
	other state law.
	(e)  The department by rule shall establish a procedure to
	ensure department records reflect the date a ward is released from
	emergency detention under this subchapter and a procedure to
	transmit the records to the Federal Bureau of Investigation.
	SECTION 3.  Section 573.025(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A person apprehended, detained, or transported for
	emergency detention under this chapter has the right:
	(1)  to be advised of the location of detention, the
	reasons for the detention, and the fact that the detention could
	result in a longer period of involuntary commitment;
	(2)  to a reasonable opportunity to communicate with
	and retain an attorney;
	(3)  to be transported to a location as provided by
	Section 573.024 if the person is not admitted for emergency
	detention, unless the person is arrested or objects;
	(4)  to be released from a facility as provided by
	Section 573.023;
	(5)  to be advised that communications with a mental
	health professional may be used in proceedings for further
	detention;
	(6)  to be transported in accordance with Sections
	573.026 and 574.045, if the person is detained under Section
	573.022 or transported under an order of protective custody under
	Section 574.023; [and]
	(7)  to a reasonable opportunity to communicate with a
	relative or other responsible person who has a proper interest in
	the person's welfare; and
	(8)  to be advised the person is prohibited from
	purchasing a firearm before the 30th day following the date the
	person is released from emergency detention.
	SECTION 4.  Subchapter C, Chapter 573, Health and Safety
	Code, is amended by adding Section 573.027 to read as follows:
	Sec. 573.027.  NOTIFICATION SUBMITTED TO DEPARTMENT OF
	PUBLIC SAFETY. (a) In this section, "department" means the
	Department of Public Safety of the State of Texas.
	(b)  After a person's release under Section 573.023, the
	facility from which the person was released shall submit to the
	department:
	(1)  the person's name, race, and sex;
	(2)  any known identifying number concerning the
	person, including an applicable social security number, driver's
	license number, or state identification number;
	(3)  the person's date of birth; and
	(4)  a statement of the facility's release of the person
	under Section 573.023.
	(c)  If practicable, a facility shall submit to the
	department the information described by Subsection (b) in an
	electronic format the department prescribes.
	(d)  The department by rule shall establish a procedure to
	provide the information a facility submits under this section
	regarding a person released from emergency detention to the Federal
	Bureau of Investigation for use with the National Instant Criminal
	Background Check System. Except as otherwise provided by state
	law, the department may disseminate information on a person
	described by this subsection only to the extent necessary to allow
	the Federal Bureau of Investigation to collect and maintain a list
	of persons who are prohibited under federal law from engaging in
	certain activities with respect to a firearm.
	(e)  The department shall provide to a person described by
	this section access to the department's information on the person.
	(f)  Information the department maintains on a person
	described by this section is confidential and may not be disclosed
	by the department except as otherwise provided by this section or
	other state law.
	(g)  The department by rule shall establish a procedure to
	ensure department records reflect the date a person is released
	from emergency detention under this subchapter and a procedure to
	transmit the records to the Federal Bureau of Investigation.
	SECTION 5.  The changes in law made by this Act apply only to
	an emergency detention that begins on or after the effective date of
	this Act.  An emergency detention that begins before the effective
	date of this Act is governed by the law as it existed immediately
	before that date, and that law is continued in effect for that
	purpose.
	SECTION 6.  This Act takes effect September 1, 2025.