88R4547 MCF-F     By: Leach H.B. No. 2780       A BILL TO BE ENTITLED   AN ACT   relating to the reporting of mental health and intellectual   disability information with respect to certain children for   purposes of a federal firearm background check.          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) [(1)]  a person ordered by a court to receive   inpatient mental health services under Chapter 574, Health and   Safety Code;                      (B) [(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;                      (C) [(3)]  a person determined to have an   intellectual disability [mental retardation] and committed by a   court for long-term placement in a residential care facility under   Chapter 593, Health and Safety Code;                      (D)  [(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 person's affairs; or                [(5)] a person determined to be incompetent to stand   trial under Chapter 46B, Code of Criminal Procedure; or                      (E)  a child who has been:                            (i)  found unfit to proceed under Subchapter   C, Chapter 55, Family Code, as a result of mental illness or an   intellectual disability;                            (ii)  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;                            (iii)  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                            (iv)  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                (2)  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.  Section 411.0521(a), Government Code, is amended   to read as follows:          (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)  performs any of the following actions with respect   to an individual who is at least 16 years of age:                      (A) [(1)]  orders a person to receive inpatient   mental health services under Chapter 574, Health and Safety Code;                      (B) [(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;                      (C) [(3)]  commits a person determined to have an   intellectual disability [mental retardation] for long-term   placement in a residential care facility under Chapter 593, Health   and Safety Code;                      (D)  [(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, Code of Criminal Procedure;                      (E)  finds a child unfit to proceed under   Subchapter C, Chapter 55, Family Code, as a result of mental illness   or an intellectual disability;                      (F)  finds a child not responsible for the child's   conduct under Subchapter D, Chapter 55, Family Code, as a result of   mental illness or an intellectual disability;                      (G)  orders a child to receive inpatient mental   health services under Subchapter B, C, or D, Chapter 55, Family   Code, as a result of mental illness;                      (H)  commits a child to a residential care   facility under Subchapter C or D, Chapter 55, Family Code, as a   result of an intellectual disability; or                      (I) [(6)]  finds a person is entitled to relief   from disabilities under Section 574.088, Health and Safety Code;   or                (2)  appoints a guardian of the incapacitated adult   person under Title 3, Estates Code, based on the determination that   the person lacks the mental capacity to manage the person's   affairs.          SECTION 3.  Section 58.007(a), Family Code, is amended to   read as follows:          (a)  This section applies only to the inspection, copying,   and maintenance of a record concerning a child and the storage of   information, by electronic means or otherwise, concerning the child   from which a record could be generated and does not affect the   collection, dissemination, or maintenance of information as   provided by Subchapter B or D-1. This section does not apply to a   record relating to a child that is:                (1)  required or authorized to be maintained under the   laws regulating the operation of motor vehicles in this state;                (2)  maintained by a municipal or justice court; [or]                (3)  subject to disclosure under Chapter 62, Code of   Criminal Procedure;                (4)  required to be provided to the Federal Bureau of   Investigation for use with the National Instant Criminal Background   Check System under Section 411.052, Government Code; or                (5)  required to be forwarded to the Department of   Public Safety under Section 411.0521, Government Code.          SECTION 4.  Sections 411.052 and 411.0521, Government Code,   as amended by this Act, apply only to a finding, order, or   commitment that occurs on or after the effective date of this Act.   A finding, order, or commitment that occurred before the effective   date of this Act is governed by the law in effect on the date the   finding, order, or commitment occurred, and the former law is   continued in effect for that purpose.          SECTION 5.  Section 58.007, Family Code, as amended by this   Act, applies to records created before, on, or after the effective   date of this Act.          SECTION 6.  This Act takes effect September 1, 2023.