HB2161 - Relating to federal firearm reporting for persons recently released from emergency detention.

  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.