88R4547 MCF-F
	By: Eckhardt	S.B. No. 1184

Statutes affected:
Introduced: Government Code 411.052, Government Code 411.0521, Family Code 58.007 (Government Code 411, Family Code 58)

	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