87R5940 JSC-D
	By: Goodwin	H.B. No. 1040

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting certain persons with chemical dependencies
	from possessing a firearm; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter D, Chapter 462, Health and Safety
	Code, is amended by adding Sections 462.082 and 462.083 to read as
	follows:
	Sec. 462.082.  NOTIFICATION OF DEPARTMENT OF PUBLIC SAFETY.
	(a) In this section, "department" means the Department of Public
	Safety.
	(b)  Not later than the 30th day after the date the court
	orders a person to receive chemical dependency treatment under this
	subchapter, the clerk of the court shall prepare and forward to the
	department:
	(1)  the complete name, race, and sex of the person;
	(2)  any known identifying number of the person,
	including the person's social security number, driver's license
	number, or state identification number;
	(3)  the person's date of birth; and
	(4)  a statement that the court ordered the person to
	receive chemical dependency treatment under this subchapter and the
	basis for that order.
	(c)  If practicable, the clerk shall forward to the
	department the information described by Subsection (b) in an
	electronic format prescribed by the department.
	(d)  The clerk shall notify the department of the discharge
	of a person from court-ordered chemical dependency treatment under
	this subchapter not later than the 30th day after the date the clerk
	receives notice of the discharge. If the person is discharged
	because a treatment order under Subsection (b) was reversed or
	vacated by order of any court, the clerk shall notify the department
	of that fact.
	(e)  The duty of a clerk to prepare and forward information
	as a result of a court order issued under this subchapter 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.
	(f)  The department by rule shall establish a procedure to
	provide the information submitted by the court under this section
	regarding court-ordered chemical dependency treatment 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 information under this
	subsection regarding a person who is receiving or has received
	court-ordered chemical dependency treatment under this subchapter
	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.
	(g)  The department shall grant access to the information
	submitted under this section to the person who is the subject of the
	information.
	(h)  Information maintained by the department regarding a
	person who is receiving or has received court-ordered chemical
	dependency treatment under this subchapter 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.
	(i)  The department by rule shall establish a procedure to
	correct department records to reflect the date of any discharge of
	the person from court-ordered chemical dependency treatment under
	this subchapter and a procedure to transmit the corrected records
	to the Federal Bureau of Investigation. The corrected records must
	indicate whether the person was discharged from treatment because
	the court order requiring treatment was reversed or vacated.
	Sec. 462.083.  RELIEF FROM DISABILITIES FOLLOWING
	COURT-ORDERED CHEMICAL DEPENDENCY TREATMENT. (a) A person who is
	discharged from court-ordered chemical dependency treatment may
	petition the court that entered the order requiring the treatment
	for a new order stating that the person qualifies for relief from a
	firearms disability imposed under 18 U.S.C. Section 922(g)(3) or
	(4).
	(b)  In determining whether to grant relief, the court must
	hear and consider evidence about:
	(1)  the circumstances that led to imposition of the
	firearms disability under 18 U.S.C. Section 922(g)(3) or (4);
	(2)  the person's substance abuse history;
	(3)  the person's criminal history; and
	(4)  the person's reputation.
	(c)  A court may not grant relief unless it makes and enters
	in the record the following affirmative findings:
	(1)  the person is no longer likely to act in a manner
	dangerous to public safety; and
	(2)  removing the person's disability to purchase a
	firearm is in the public interest.
	(d)  Not later than the 30th day after the date the court
	grants relief under this section, the clerk of the court shall
	prepare and forward to the department:
	(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)  a statement that the court has granted the person
	relief from disabilities under this section.
	(e)  If practicable, the clerk of the court shall forward to
	the department the information described by Subsection (d) in an
	electronic format prescribed by the department.
	(f)  If an order previously reported to the department under
	this section is reversed or vacated by order of any court, the clerk
	shall notify the department of that fact not later than the 30th day
	after the date the clerk receives notice of that action.
	(g)  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 a copy of
	an order issued under this section or proof that the person has
	obtained notice of relief from disabilities under 18 U.S.C. Section
	925.
	SECTION 2.  Section 46.04, Penal Code, is amended by adding
	Subsection (c-1) and amending Subsection (e) to read as follows:
	(c-1)  A person commits an offense if the person possesses a
	firearm:
	(1)  while the person is subject to a court order
	requiring chemical dependency treatment under Subchapter D,
	Chapter 462, Health and Safety Code; or
	(2)  during the 12-month period following the date of
	the person's discharge from the treatment described by Subdivision
	(1), unless the discharge occurs because the order is reversed or
	vacated.
	(e)  An offense under Subsection (a) is a felony of the third
	degree. An offense under Subsection (b), [or] (c), or (c-1) is a
	Class A misdemeanor.
	SECTION 3.  (a)  Section 462.082, Health and Safety Code, as
	added by this Act, applies to a court order for chemical dependency
	treatment entered on or after the effective date of this Act. A
	court order for chemical dependency treatment entered before the
	effective date of this Act is governed by the law in effect on the
	date the court order was entered and the former law is continued in
	effect for that purpose.
	(b)  Section 462.083, Health and Safety Code, as added by
	this Act, applies to a petition for relief from disabilities filed
	on or after the effective date of this Act, regardless of whether
	the imposition of the firearms disability occurred before, on, or
	after the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2021.