Garcia Hernandez Bill Speeds Protective Orders Into Gun Background Checks

The text as introduced · 664 words

By: Garcia Hernandez
H.B. No. 956

A BILL TO BE ENTITLED

AN ACT

relating to the reporting of certain orders and convictions to the

Department of Public Safety and Federal Bureau of Investigation for

use with the National Instant Criminal Background Check System for

the transfer of firearms.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 7B, Code of Criminal

Procedure, is amended by adding Article 7B.0085 to read as follows:

Art. 7B.0085. REPORTING. For an original or modified

protective order issued under this subchapter, on receipt of the

order from the clerk of the court, a law enforcement agency shall

immediately, but not later than the third calendar day after the

date the order is received, enter the information required by

Section 411.042(b)(6), Government Code, into the statewide law

enforcement information system maintained by the Department of

Public Safety.

SECTION 2. Subchapter B, Chapter 7B, Code of Criminal

Procedure, is amended by adding Article 7B.054 to read as follows:

Art. 7B.054. REPORTING. For an original or modified

protective order issued under this subchapter, on receipt of the

order from the clerk of the court, a law enforcement agency shall

immediately, but not later than the third calendar day after the

date the order is received, enter the information required by

Section 411.042(b)(6), Government Code, into the statewide law

enforcement information system maintained by the Department of

Public Safety.

SECTION 3. Article 66.252, Code of Criminal Procedure, is

amended by amending Subsections (b) and (d) and adding Subsections

(d-1) and (h) to read as follows:

(b) The arresting law enforcement agency shall prepare a

uniform incident fingerprint card described by Article 66.251 and

initiate the reporting process for each offender charged with:

(1) a felony;

(2) a misdemeanor for which a term of confinement may

be imposed; or

(3) a misdemeanor punishable by fine only that

involves family violence[ , as defined by Section 71.004, Family

Code ].

(d) Except as provided by Subsection (d-1) or (e) or as

otherwise required by applicable state law or rule, information or

data required by this chapter to be reported to the Department of

Public Safety or the Texas Department of Criminal Justice shall be

reported promptly but not later than the 30th day after the date on

which the information or data is received by the agency responsible

for reporting it.

(d-1) A conviction for an offense involving family violence

that would prohibit a person from possessing a firearm under state

or federal law shall be reported to the Department of Public Safety

not later than the fifth calendar day after the date the judgment of

conviction is entered.

(h) For purposes of this article, "family violence" has the

meaning assigned by Section 71.004, Family Code.

SECTION 4. Subchapter D, Chapter 411, Government Code, is

amended by adding Section 411.0525 to read as follows:

Sec. 411.0525. REPORTING OF CERTAIN PROTECTIVE ORDERS AND

FAMILY VIOLENCE MISDEMEANOR CONVICTIONS. (a) In this section:

(1) "Family violence misdemeanor" means a misdemeanor

crime of domestic violence as defined by 18 U.S.C. Section 921.

(2) "Protective order" means a court order described

by 18 U.S.C. Section 922(g)(8).

(b) The department shall report to the Federal Bureau of

Investigation for use with the National Instant Criminal Background

Check System each protective order and each conviction for a family

violence misdemeanor not later than the third calendar day after

the date the department receives information that the protective

order or judgment of conviction was entered.

SECTION 5. Articles 7B.0085, 7B.054, and 66.252(d-1), Code

of Criminal Procedure, as added by this Act, apply only to a

protective order or judgment of conviction entered on or after the

effective date of this Act.

SECTION 6. Section 411.0525, Government Code, as added by

this Act, applies only to information received by the Department of

Public Safety of the State of Texas on or after the effective date

of this Act.

SECTION 7. This Act takes effect September 1, 2025.