86R11592 LHC-D
	By: Flynn	H.B. No. 3030

	A BILL TO BE ENTITLED
	AN ACT
	relating to the reporting of certain information for purposes of a
	federal firearm background check.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 411.052(a), (b), and (e), Government
	Code, are amended to read as follows:
	(a)  In this section:
	(1)  "Family violence misdemeanor" means a misdemeanor
	crime of domestic violence under 18 U.S.C. Section 921.
	(2)  "Federal[, "federal] prohibited person
	information" means information that identifies an individual 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
	intellectual disabilities [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]
	(E) [(5)]  a person determined to be incompetent
	to stand trial under Chapter 46B, Code of Criminal Procedure;
	(F)  a person convicted of or placed on deferred
	adjudication community supervision for a felony;
	(G)  a person convicted of or placed on deferred
	adjudication community supervision for a family violence
	misdemeanor;
	(H)  a person subject to a protective order under
	Chapter 85, Family Code; or
	(I)  a person subject to a magistrate's order for
	emergency protection under Article 17.292, Code of Criminal
	Procedure, based on an arrest for an offense involving family
	violence.
	(b)  The department by rule shall establish a procedure to
	promptly provide federal prohibited person information 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 federal prohibited person
	information under 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 by rule shall establish a procedure to
	correct department records and transmit those corrected records to
	the Federal Bureau of Investigation when a person provides:
	(1)  a copy of a judicial order or finding that a person
	is no longer an incapacitated adult or is entitled to relief from
	disabilities under Section 574.088, Health and Safety Code; [or]
	(2)  proof that the person has obtained notice of
	relief from disabilities under 18 U.S.C. Section 925;
	(3)  proof that the person is no longer ineligible to
	possess a firearm based on the commission of a felony or a family
	violence misdemeanor; or
	(4)  proof that the person is no longer subject to a
	protective order under Chapter 85, Family Code, or a magistrate's
	order for emergency protection under Article 17.292, Code of
	Criminal Procedure.
	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 four hours [the 30th day] after the time [date] the court:
	(1)  orders a person to receive inpatient mental health
	services under Chapter 574, Health and Safety Code;
	(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;
	(3)  commits a person determined to have intellectual
	disabilities [mental retardation] for long-term placement in a
	residential care facility under Chapter 593, Health and Safety
	Code;
	(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]
	(6)  finds a person is entitled to relief from
	disabilities under Section 574.088, Health and Safety Code;
	(7)  enters a judgment of conviction or an order of
	deferred adjudication community supervision with respect to a
	felony;
	(8)  enters a judgment of conviction or an order of
	deferred adjudication community supervision with respect to a
	family violence misdemeanor as defined by Section 411.052;
	(9)  issues a protective order under Chapter 85, Family
	Code; or
	(10)  issues a magistrate's order for emergency
	protection under Article 17.292, Code of Criminal Procedure, based
	on an arrest for an offense involving family violence.
	SECTION 3.  The change in law made by this Act applies only
	to a judgment or order entered or issued on or after the effective
	date of this Act. A judgment or order entered or issued before the
	effective date of this Act is governed by the law in effect on the
	date the judgment or order was entered or issued, and the former law
	is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2019.