87R440 EAS-D     By: Fierro H.B. No. 521       A BILL TO BE ENTITLED   AN ACT   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411.223, except that the   registry may not include information for an individual with respect   to a waiver that has been revoked under Section 411.226.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; [or]                (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.