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�	H.B.�No.�3352

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�	AN ACT
�	relating to the collection, dissemination, and correction of
�	certain judicial determinations for a federal firearm background
�	check.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	�������SECTION�1.��Subchapter D, Chapter 411, Government Code, is
�	amended by adding Sections 411.052 and 411.0521 to read as follows:
�	�������Sec.�411.052.��FEDERAL FIREARM REPORTING. (a) �In this
�	section, "federal prohibited person information" means information
�	that identifies an individual as:
�	�������������(1)��a person ordered by a court to receive inpatient
�	mental health services under Chapter 574, Health and Safety Code;
�	�������������(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;
�	�������������(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;
�	�������������(4)��an incapacitated adult individual for whom a court
�	has appointed a guardian of the individual under Chapter XIII,
�	Probate Code, based on the determination that the person lacks the
�	mental capacity to manage the person's affairs; or
�	�������������(5)��a person determined to be incompetent to stand
�	trial under Chapter 46B, Code of Criminal Procedure.
�	�������(b)��The department by rule shall establish a procedure to
�	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.
�	�������(c)��The department shall grant access to federal prohibited
�	person information to the person who is the subject of the
�	information.
�	�������(d)��Federal prohibited person information maintained by the
�	department is confidential information for the use of the
�	department and, except as otherwise provided by this section and
�	other state law, may not be disseminated by the department.
�	�������(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.
�	�������Sec.�411.0521.��REPORT TO DEPARTMENT CONCERNING CERTAIN
�	PERSONS'�ACCESS TO FIREARMS. (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 Chapter XIII, Probate 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.
�	�������(b)��The clerk of the court shall prepare and forward the
�	following information under Subsection (a):
�	�������������(1)��the complete name, race, and sex of the person;
�	�������������(2)��any known identifying number of the person,
�	including social security number, driver's license number, or state
�	identification number;
�	�������������(3)��the person's date of birth; and
�	�������������(4)��the federal prohibited person information that is
�	the basis of the report required by this section.
�	�������(c)��If practicable, the clerk of the court shall forward to
�	the department the information described by Subsection (b) in an
�	electronic format prescribed by the department.
�	�������(d)��If an order previously reported to the department under
�	Subsection (a) is reversed by order of any court, the clerk shall
�	notify the department of the reversal not later than 30 days after
�	the clerk receives the mandate from the appellate court.
�	�������(e)��The duty of a clerk to prepare and forward information
�	under this section is not affected by:
�	�������������(1)��any subsequent appeal of the court order;
�	�������������(2)��any subsequent modification of the court order; or
�	�������������(3)��the expiration of the court order.
�	�������SECTION�2.��Subchapter F, Chapter 574, Health and Safety
�	Code, is amended by adding Section 574.088 to read as follows:
�	�������Sec.�574.088.��RELIEF FROM DISABILITIES IN MENTAL HEALTH
�	CASES. (a) A person who is furloughed or discharged from
�	court-ordered mental health services may petition the court that
�	entered the commitment order for an order stating that the person
�	qualifies for relief from a firearms disability.
�	�������(b)��In determining whether to grant relief, the court must
�	hear and consider evidence about:
�	�������������(1)��the circumstances that led to imposition of the
�	firearms disability under 18 U.S.C. Section 922(g)(4);
�	�������������(2)��the person's mental history;
�	�������������(3)��the person's criminal history; and
�	�������������(4)��the person's reputation.
�	�������(c)��A court may not grant relief unless it makes and enters
�	in the record the following affirmative findings:
�	�������������(1)��the person is no longer likely to act in a manner
�	dangerous to public safety; and
�	�������������(2)��removing the person's disability to purchase a
�	firearm is in the public interest.
�	�������SECTION�3.��Each clerk of the court shall prepare and forward
�	information for each order issued on or after September 1, 1989, to
�	the Department of Public Safety as required by Section 411.0521,
�	Government Code, as added by this Act. Not later than September 1,
�	2010, each clerk of the court shall prepare and forward information
�	for any court orders issued on or after September 1, 1989, and
�	before September 1, 2009.
�	�������SECTION�4.��This Act takes effect September 1, 2009.
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�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
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�	�������I certify that H.B. No. 3352 was passed by the House on April
�	30, 2009, by the following vote:��Yeas 144, Nays 0, 1 present, not
�	voting; and that the House concurred in Senate amendments to H.B.
�	No. 3352 on May 29, 2009, by the following vote:��Yeas 93, Nays 49,
�	2 present, not voting.
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�	______________________________
�	Chief Clerk of the House���
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�	�������I certify that H.B. No. 3352 was passed by the Senate, with
�	amendments, on May 26, 2009, by the following vote:��Yeas 31, Nays
�	0.
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�	______________________________
�	Secretary of the Senate���
�	APPROVED: __________________
�	����������������Date�������
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�	�������� __________________
�	��������������Governor�������