Bill Text: TX HB521 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the establishment and use of a voluntary registry of individuals experiencing mental illness who waive the right to purchase or receive transfer of a firearm; creating criminal offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-01 - Referred to Homeland Security & Public Safety [HB521 Detail]
Download: Texas-2021-HB521-Introduced.html
87R440 EAS-D | ||
By: Fierro | H.B. No. 521 |
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relating to the establishment and use of a voluntary registry of | ||
individuals experiencing mental illness who waive the right to | ||
purchase or receive transfer of a firearm; creating criminal | ||
offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 411, Government Code, is amended by | ||
adding Subchapter H-1 to read as follows: | ||
SUBCHAPTER H-1. VOLUNTARY REGISTRY OF INDIVIDUALS EXPERIENCING | ||
MENTAL ILLNESS WHO WAIVE RIGHT TO PURCHASE OR RECEIVE TRANSFER OF | ||
FIREARM | ||
Sec. 411.221. DEFINITIONS. In this subchapter: | ||
(1) "Firearm" has the meaning assigned by Section | ||
46.01, Penal Code. | ||
(2) "Licensed firearms dealer" means an individual who | ||
is licensed as a firearms dealer under 18 U.S.C. Section 923. | ||
Sec. 411.222. VOLUNTARY REGISTRY OF INDIVIDUALS WAIVING | ||
RIGHT TO PURCHASE OR RECEIVE TRANSFER OF FIREARM. The department | ||
shall establish and maintain a registry that identifies individuals | ||
who have voluntarily waived the right to purchase or receive | ||
transfer of a firearm under Section 411.223, except that the | ||
registry may not include information for an individual with respect | ||
to a waiver that has been revoked under Section 411.226. | ||
Sec. 411.223. WAIVER OF RIGHT TO PURCHASE OR RECEIVE | ||
TRANSFER OF FIREARM. (a) An individual experiencing mental | ||
illness may submit to the department, on a form prescribed by the | ||
department, a waiver of the individual's right to purchase or | ||
receive transfer of a firearm. | ||
(b) The waiver form must require the individual to provide | ||
information sufficient to enable the department to verify the | ||
individual's identity. | ||
(c) In addition to other requirements specified by | ||
department rule, the waiver form must contain the following | ||
prominently displayed statement: | ||
"BECAUSE YOU HAVE SUBMITTED THIS WAIVER, YOU MAY NOT PURCHASE | ||
OR RECEIVE TRANSFER OF ANY FIREARMS. YOU MAY VOLUNTARILY REVOKE | ||
THIS WAIVER AT ANY TIME BY SUBMITTING A REVOCATION FORM TO THE TEXAS | ||
DEPARTMENT OF PUBLIC SAFETY." | ||
(d) In submitting the waiver, the individual may designate a | ||
third person to be notified if the individual revokes the waiver. | ||
(e) The fact that an individual has submitted a waiver under | ||
this section or is listed in the voluntary registry does not in | ||
itself prohibit the individual from possessing a firearm under | ||
state law. | ||
Sec. 411.224. ADDITION TO VOLUNTARY REGISTRY. Not later | ||
than 24 hours after the department receives the completed waiver | ||
form, the department shall enter the individual's name and | ||
identifying information in the registry. | ||
Sec. 411.225. DUTY TO ACCESS VOLUNTARY REGISTRY. Before | ||
transferring a firearm to an individual, a licensed firearms dealer | ||
shall access the voluntary registry to ensure that the individual | ||
is not listed in that registry, regardless of whether the | ||
individual presents an apparently valid license to carry a handgun | ||
issued under Subchapter H. | ||
Sec. 411.226. REVOCATION OF WAIVER; REMOVAL FROM VOLUNTARY | ||
REGISTRY. (a) An individual experiencing mental illness may | ||
revoke a waiver under this subchapter by submitting a revocation to | ||
the department on a form prescribed by the department. | ||
(b) The revocation form must require the individual to | ||
provide information sufficient to enable the department to verify | ||
that the individual submitting the revocation is the same | ||
individual who submitted the waiver. | ||
(c) Not later than 24 hours after the department receives a | ||
revocation form, the department shall, if applicable, notify the | ||
third person designated in the waiver under Section 411.223(d) that | ||
the department has received a revocation form. | ||
(d) Subject to Subsection (e), not later than the seventh | ||
day after the date the department receives a revocation form, the | ||
department shall: | ||
(1) remove all information about the individual from | ||
the voluntary registry; | ||
(2) destroy all records of the waiver and revocation | ||
forms; and | ||
(3) notify the individual that all information about | ||
the individual was successfully removed from the voluntary | ||
registry. | ||
(e) The department may not remove information about an | ||
individual from the voluntary registry before the seventh day after | ||
the date the individual submitted the waiver for inclusion in the | ||
registry, regardless of whether a revocation of the waiver is made | ||
before the expiration of that period. | ||
Sec. 411.227. MULTIPLE WAIVERS AND REVOCATIONS PERMITTED. | ||
An individual experiencing mental illness may make one or more | ||
waivers or revocations of waiver under this subchapter, as the | ||
individual considers necessary or appropriate. | ||
Sec. 411.228. WAIVERS AND REVOCATIONS BY AUTHORIZED | ||
REPRESENTATIVE PERMITTED. A person who is authorized by law to | ||
represent an individual experiencing mental illness may make, as | ||
the authorized representative considers necessary or appropriate, | ||
waivers or revocations of waivers under this subchapter on behalf | ||
of the individual, provided that the waiver or revocation is | ||
considered within the scope of the representation. | ||
Sec. 411.229. AVAILABILITY OF FORMS. The department shall | ||
make available the waiver form described by Section 411.223 and the | ||
revocation form described by Section 411.226: | ||
(1) on the department's Internet website; | ||
(2) at each county clerk's office; | ||
(3) at the location at which a licensed firearms | ||
dealer conducts sales or other transfers of firearms; and | ||
(4) to individuals and facilities that are licensed, | ||
certified, or otherwise authorized to provide mental health care | ||
services, for profit or otherwise, in the ordinary course of | ||
business or professional practice. | ||
Sec. 411.230. VOLUNTARY REGISTRY ACCESSIBILITY. The | ||
department shall ensure that the volunteer registry is maintained | ||
in a secure electronic database that: | ||
(1) documents the date and time that any information | ||
about a specific individual is added to or removed from the | ||
registry; | ||
(2) provides a licensed firearms dealer with real time | ||
access to the registry and documents the name of the specific dealer | ||
gaining access and the date and time that the access occurred; and | ||
(3) prevents unauthorized access to the registry. | ||
Sec. 411.231. CONFIDENTIALITY AND DISCLOSURE OF | ||
INFORMATION. Information obtained by the department for the | ||
voluntary registry: | ||
(1) is confidential and not subject to disclosure | ||
under Chapter 552; and | ||
(2) may not be disclosed except to a licensed firearms | ||
dealer in connection with a prospective transfer of a firearm or to | ||
a law enforcement agency. | ||
Sec. 411.232. OFFENSE. (a) A person commits an offense if | ||
the person knowingly: | ||
(1) submits a waiver form under Section 411.223 to the | ||
department to add the name and identifying information of another | ||
person to the voluntary registry without the other person's | ||
effective consent; or | ||
(2) submits a revocation form under Section 411.226 to | ||
the department to remove the name and identifying information of | ||
another person from the voluntary registry without the other | ||
person's effective consent. | ||
(b) An offense under this section is a state jail felony. | ||
Sec. 411.233. CONSIDERATION IN LEGAL PROCEEDINGS | ||
PROHIBITED. A court may not consider a waiver or revocation under | ||
this subchapter as evidence in any legal proceeding other than in | ||
the prosecution of an offense under Section 46.06(a)(7), Penal | ||
Code, or Section 411.232 of this code. | ||
Sec. 411.234. BENEFITS. Subject to Section 411.228, a | ||
person may not require an individual experiencing mental illness to | ||
submit a waiver under this subchapter for any reason, including as a | ||
condition of receiving employment, housing, education, or any | ||
benefit or service. | ||
Sec. 411.235. RULES. (a) The director shall adopt rules to | ||
establish and maintain the voluntary registry, including rules | ||
prescribing the forms necessary for submission or revocation of a | ||
waiver described by this subchapter. | ||
(b) The rules governing use or disclosure of information in | ||
the registry must be at least as stringent as the Health Insurance | ||
Portability and Accountability Act and Privacy Standards, as | ||
defined by Section 181.001, Health and Safety Code. | ||
SECTION 2. Section 46.06(a), Penal Code, is amended to read | ||
as follows: | ||
(a) A person commits an offense if the person: | ||
(1) sells, rents, leases, loans, or gives a handgun to | ||
any person knowing that the person to whom the handgun is to be | ||
delivered intends to use it unlawfully or in the commission of an | ||
unlawful act; | ||
(2) intentionally or knowingly sells, rents, leases, | ||
or gives or offers to sell, rent, lease, or give to any child | ||
younger than 18 years of age any firearm, club, or | ||
location-restricted knife; | ||
(3) intentionally, knowingly, or recklessly sells a | ||
firearm or ammunition for a firearm to any person who is | ||
intoxicated; | ||
(4) knowingly sells a firearm or ammunition for a | ||
firearm to any person who has been convicted of a felony before the | ||
fifth anniversary of the later of the following dates: | ||
(A) the person's release from confinement | ||
following conviction of the felony; or | ||
(B) the person's release from supervision under | ||
community supervision, parole, or mandatory supervision following | ||
conviction of the felony; | ||
(5) sells, rents, leases, loans, or gives a handgun to | ||
any person knowing that an active protective order is directed to | ||
the person to whom the handgun is to be delivered; [ |
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(6) knowingly purchases, rents, leases, or receives as | ||
a loan or gift from another a handgun while an active protective | ||
order is directed to the actor; or | ||
(7) is a licensed firearms dealer and sells or | ||
otherwise transfers a firearm to a person the dealer knows is listed | ||
in the voluntary registry created under Subchapter H-1, Chapter | ||
411, Government Code. | ||
SECTION 3. Section 46.06(b), Penal Code, is amended by | ||
adding Subdivision (3) to read as follows: | ||
(3) "Licensed firearms dealer" means a person who is | ||
licensed as a firearms dealer under 18 U.S.C. Section 923. | ||
SECTION 4. (a) Not later than September 1, 2022, the | ||
Department of Public Safety of the State of Texas shall develop and | ||
make available the waiver and revocation forms and create the | ||
voluntary registry required by Subchapter H-1, Chapter 411, | ||
Government Code, as added by this Act. | ||
(b) Section 46.06(a), Penal Code, as amended by this Act, | ||
applies only to a sale or other transfer of a firearm that occurs on | ||
or after September 1, 2022. | ||
SECTION 5. This Act takes effect September 1, 2021. |