By: Huffman	S.B. No. 666
	(In the Senate - Filed February 6, 2019; March 1, 2019, read
	first time and referred to Committee on State Affairs;
	March 13, 2019, reported favorably by the following vote:  Yeas 9,
	Nays 0; March 13, 2019, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to the reporting, maintenance, and use of certain
	misdemeanor conviction information for purposes of the databases
	used in a federal firearm background check.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 411.052(a) 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 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; or
	(F)  a person convicted of a family violence
	misdemeanor.
	(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; or
	(3)  proof that the person is no longer ineligible to
	possess a firearm based on the commission of a family violence
	misdemeanor.
	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 the 30th day after the 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 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; or
	(7)  enters a judgment of conviction with respect to a
	family violence misdemeanor as defined by Section 411.052 that is
	punishable by fine only.
	SECTION 3.  The change in law made by this Act applies only
	to a judgment entered on or after the effective date of this Act.  A
	judgment entered before the effective date of this Act is governed
	by the law in effect on the date the judgment was entered, and the
	former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2019.
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