| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an education program for firearms sellers regarding |
|
|
mental health and immunity from civil liability for certain |
|
|
actions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1001.072, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 1001.072. GENERAL POWERS AND DUTIES OF DEPARTMENT |
|
|
RELATED TO MENTAL HEALTH. (a) The department is responsible for |
|
|
administering human services programs regarding mental health, |
|
|
including: |
|
|
(1) administering and coordinating mental health |
|
|
services at the local and state level; |
|
|
(2) operating the state's mental health facilities; |
|
|
and |
|
|
(3) inspecting, licensing, and enforcing regulations |
|
|
regarding mental health facilities, other than long-term care |
|
|
facilities regulated by the Department of Aging and Disability |
|
|
Services. |
|
|
(b) The department shall develop an education program to |
|
|
educate firearms dealers about mental illness, including signs of |
|
|
mental illness. |
|
|
(c) A firearms dealer or a person who sells a firearm for a |
|
|
firearms dealer is immune from civil liability in an action brought |
|
|
against the dealer or the person for refusing to sell a firearm to a |
|
|
potential buyer if the dealer or the person: |
|
|
(1) attended the education program described by |
|
|
Subsection (b); and |
|
|
(2) believes in good faith that the potential buyer is |
|
|
a person with mental illness. |
|
|
(d) Subsection (c) does not apply to a firearms dealer who |
|
|
directly or indirectly encourages a person to sell a firearm to a |
|
|
person with mental illness. |
|
|
SECTION 2. Not later than January 1, 2014, the Department of |
|
|
State Health Services shall develop the education program as |
|
|
required by Section 1001.072(b), Health and Safety Code, as added |
|
|
by this Act. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a cause of action that accrues on or after the effective date of |
|
|
this Act. A cause of action that accrues before the effective date |
|
|
of this Act is governed by the law in effect immediately before that |
|
|
date, and that law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2013. |