Texas Government Code
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 (Court-ordered Mental Health Services), 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 (Insanity Defense), 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 (Admission and Commitment to Intellectual Disability Services), 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 person’s affairs;

(5)

determines a person is incompetent to stand trial under Chapter 46B (Incompetency to Stand Trial), Code of Criminal Procedure; or

(6)

finds a person is entitled to relief from disabilities under Section 574.088 (Relief From Disabilities in Mental Health Cases), 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.
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.
Source
Last accessed
Oct. 14, 2020