The court clerk must send specified information to the department after certain court actions, and must update the department if a reported order is later reversed.
Sec. 411.0521. REPORT TO DEPARTMENT CONCERNING CERTAIN PERSONS' ACCESS TO FIREARMS. (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: (A) with respect to an individual who is at least 16 years of age: (i) orders a person to receive inpatient mental health services under Chapter 574, Health and Safety Code; (ii) 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; (iii) commits a person determined to have an intellectual disability for long-term placement in a residential care facility under Chapter 593, Health and Safety Code; (iv) determines a person is incompetent to stand trial under Chapter 46B, Code of Criminal Procedure; or (v) finds a person is entitled to relief from disabilities under Section 574.088, Health and Safety Code; or (B) with respect to a child who is at least 16 years of age: (i) finds a child unfit to proceed under Subchapter C, Chapter 55, Family Code, as a result of mental illness or an intellectual disability; (ii) 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; (iii) 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; or (iv) 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 (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. (b) The clerk of the court shall prepare and forward the following information under Subsection (a): (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) the federal prohibited person information that is the basis of the report required by this section. (c) If practicable, the clerk of the court shall forward to the department the information described by Subsection (b) in an electronic format prescribed by the department. (c-1) On request of the department, the clerk of the court shall forward a signed court order containing federal prohibited person information to the department for an audit of records provided to the Federal Bureau of Investigation under Section 411.052 for use with the National Instant Criminal Background Check System. If the department determines that a record forwarded under this subsection is incomplete or invalid: (1) the department shall notify the clerk of the court; and (2) the clerk of the court shall forward to the department any additional information or record. (d) If an order previously reported to the department under Subsection (a) is reversed by order of any court, the clerk shall notify the department of the reversal not later than 30 days after the clerk receives the mandate from the appellate court. (e) The duty of a clerk to prepare and forward information under this section 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. 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. 22.035, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.07, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 341 (S.B. 728), Sec. 2, eff. September 1, 2023.