The department must create procedures for sharing certain firearm-related prohibited-person information with the FBI, let the person concerned access it, and correct and resend records when supported proof is provided. The information is generally confidential and may not be disseminated except as allowed by this section or other state law.
Sec. 411.052. FEDERAL FIREARM REPORTING. (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) a person ordered by a court to receive inpatient mental health services under Chapter 574, Health and Safety Code; (B) 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) a person determined to have an intellectual disability and committed by a court for long-term placement in a residential care facility under Chapter 593, Health and Safety Code; or (D) a person determined to be incompetent to stand trial under Chapter 46B, Code of Criminal Procedure; (2) a child who is at least 16 years of age and has been: (A) found unfit to proceed under Subchapter C, Chapter 55, Family Code, as a result of mental illness or an intellectual disability; (B) 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; (C) 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 (D) 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 (3) 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. (b) The department by rule shall establish a procedure to provide federal prohibited person information 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 federal prohibited person information under this subsection 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. (c) The department shall grant access to federal prohibited person information to the person who is the subject of the information. (d) Federal prohibited person information maintained by the department 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. (e) 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: (1) a copy of a judicial order or finding that a person is no longer an incapacitated adult or is entitled to relief from disabilities under Section 574.088, Health and Safety Code; or (2) proof that the person has obtained notice of relief from disabilities under 18 U.S.C. Section 925. 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. 22.034, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.06, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 341 (S.B. 728), Sec. 1, eff. September 1, 2023.