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) orders a person to receive inpatient mental health services under Chapter 574, Health and Safety Code;
(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;
(3) commits a person determined to have mental retardation for long-term placement in a residential care facility under Chapter 593, Health and Safety Code;
(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; or
(6) finds a person is entitled to relief from disabilities under Section 574.088, Health and Safety Code.
(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.
(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.
Structure Texas Statutes
Subtitle B - Law Enforcement and Public Protection
Chapter 411 - Department of Public Safety of the State of Texas
Subchapter D. Administrative Division
Section 411.042. Bureau of Identification and Records
Section 411.0421. Information Regarding Fraudulent Use of Identification
Section 411.043. Bureau of Communications
Section 411.044. Bureau of Intelligence
Section 411.045. Bureau of Training
Section 411.046. Hate Crime Reporting
Section 411.047. Reporting Related to Certain Handgun Incidents Involving License Holders
Section 411.048. Threats Against Peace Officers and Detention Officers
Section 411.0485. Protection for Judges
Section 411.049. Report Related to Certain Intoxication Offenses
Section 411.050. Crime Statistic Mapping
Section 411.052. Federal Firearm Reporting
Section 411.0521. Report to Department Concerning Certain Persons' Access to Firearms
Section 411.053. Preservation of Evidence Containing Biological Material
Section 411.054. Incident-Based Crime Statistics Reporting Goal
Section 411.055. Annual Report on Border Crime and Other Criminal Activity