By: Johnson of Dallas	H.B. No. 3671

	A BILL TO BE ENTITLED
	AN ACT
	relating to the reporting of certain orders and convictions to the
	Department of Public Safety and Federal Bureau of Investigation for
	use with the National Instant Criminal Background Check System for
	the transfer of firearms.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 7B, Code of Criminal
	Procedure, is amended by adding Article 7B.0085 to read as follows:
	Art. 7B.0085.  REPORTING.  For an original or modified
	protective order issued under this subchapter, on receipt of the
	order from the clerk of the court, a law enforcement agency shall
	immediately, but not later than the third business day after the
	date the order is received, enter the information required by
	Section 411.042(b)(6), Government Code, into the statewide law
	enforcement information system maintained by the Department of
	Public Safety.
	SECTION 2.  Subchapter B, Chapter 7B, Code of Criminal
	Procedure, is amended by adding Article 7B.054 to read as follows:
	Art. 7B.054.  REPORTING.  For an original or modified
	protective order issued under this subchapter, on receipt of the
	order from the clerk of the court, a law enforcement agency shall
	immediately, but not later than the third business day after the
	date the order is received, enter the information required by
	Section 411.042(b)(6), Government Code, into the statewide law
	enforcement information system maintained by the Department of
	Public Safety.
	SECTION 3.  Article 66.252, Code of Criminal Procedure, is
	amended by amending Subsections (b) and (d) and adding Subsections
	(d-1) and (h) to read as follows:
	(b)  The arresting law enforcement agency shall prepare a
	uniform incident fingerprint card described by Article 66.251 and
	initiate the reporting process for each offender charged with:
	(1)  a felony;
	(2)  a misdemeanor for which a term of confinement may
	be imposed; or
	(3)  a misdemeanor punishable by fine only that
	involves family violence[, as defined by Section 71.004, Family
	Code].
	(d)  Except as provided by Subsection (d-1) or (e) or as
	otherwise required by applicable state law or rule, information or
	data required by this chapter to be reported to the Department of
	Public Safety or the Texas Department of Criminal Justice shall be
	reported promptly but not later than the 30th day after the date on
	which the information or data is received by the agency responsible
	for reporting it.
	(d-1)  A conviction for an offense involving family violence
	that would prohibit a person from possessing a firearm under state
	or federal law shall be reported to the Department of Public Safety
	not later than the seventh calendar day after the date the judgment
	of conviction is entered.
	(h)  For purposes of this article, "family violence" has the
	meaning assigned by Section 71.004, Family Code.
	SECTION 4.  Subchapter D, Chapter 411, Government Code, is
	amended by adding Section 411.0525 to read as follows:
	Sec. 411.0525.  REPORTING OF PROTECTIVE ORDERS AND FAMILY
	VIOLENCE CONVICTIONS. (a)  In this section:
	(1)  "Family violence" has the meaning assigned by
	Section 71.004, Family Code.
	(2)  "Protective order" means:
	(A)  a protective order issued under Title 4,
	Family Code, or Chapter 7B, Code of Criminal Procedure; or
	(B)  a magistrate's order for emergency
	protection issued under Article 17.292, Code of Criminal Procedure.
	(b)  The department shall report to the Federal Bureau of
	Investigation for use with the National Instant Criminal Background
	Check System each protective order and each conviction for an
	offense involving family violence not later than the seventh
	calendar day after the date the department receives information
	that the protective order or judgment of conviction was entered.
	SECTION 5.  Articles 7B.0085, 7B.054, and 66.252(d-1), Code
	of Criminal Procedure, as added by this Act, apply only to a
	protective order, magistrate's order for emergency protection, or
	judgment of conviction entered on or after the effective date of
	this Act.
	SECTION 6.  Section 411.0525, Government Code, as added by
	this Act, applies only to information received by the Department of
	Public Safety of the State of Texas on or after the effective date
	of this Act.
	SECTION 7.  This Act takes effect September 1, 2021.