Tex. Gov't Code § 411.052 · Subchapter D. ADMINISTRATIVE DIVISION
FEDERAL FIREARM REPORTING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.411.htm
- Text hash
- sha256 bd8d3e57d15fddc4e1641f480693045a171c430ef272306fbee79f8cad640014
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Estates Code
Family Code
- Tex. Fam. Code ch. 55PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITYPrinted as Chapter 55, Family Code
- Tex. Fam. Code ch. 55, subch. CCHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS OR INTELLECTUAL DISABILITYPrinted as Subchapter C, Chapter 55, Family Code
- Tex. Fam. Code ch. 55, subch. DLACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF MENTAL ILLNESS OR INTELLECTUAL DISABILITYPrinted as Subchapter D, Chapter 55, Family Code
Health and Safety Code
- Tex. Health & Safety Code ch. 574COURT-ORDERED MENTAL HEALTH SERVICESPrinted as Chapter 574, Health and Safety Code
- Tex. Health & Safety Code § 574.088RELIEF FROM DISABILITIES IN MENTAL HEALTH CASES.Printed as Section 574.088, Health and Safety Code
- Tex. Health & Safety Code ch. 593ADMISSION AND COMMITMENT TO INTELLECTUAL DISABILITY SERVICESPrinted as Chapter 593, Health and Safety Code
Cited by 3 provisions
Provisions in this library whose text cites Tex. Gov't Code § 411.052. Each shows the citation as that text prints it.
Code of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.