Texas Government Code
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 Title 3, Estates Code, based on the determination that the person lacks the mental capacity to manage the persons 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 950 (H.B. 3352), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.034, eff. September 1, 2017.
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 Title 3, Estates Code, based on the determination that the person lacks the mental capacity to manage the persons 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, drivers license number, or state identification number;

(3)

the persons 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 950 (H.B. 3352), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.035, eff. September 1, 2017.
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Last accessed
Aug. 22, 2019