Gámez Firearm Bill Sends Emergency Detention Records To The FBI

The text as introduced · 1,250 words

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.