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AN ACT
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relating to restoration of a person's right to purchase a firearm on |
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termination of a guardianship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1202, Estates Code, as effective January |
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1, 2014, is amended by adding Subchapter E to read as follows: |
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SUBCHAPTER E. RESTORATION OF RIGHTS ON TERMINATION OF GUARDIANSHIP |
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Sec. 1202.201. REMOVAL OF FIREARM DISABILITY ON COMPLETE |
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RESTORATION OF WARD'S CAPACITY. (a) A person whose guardianship |
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was terminated because the person's capacity was completely |
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restored may file an application with the court that created the |
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guardianship for an order requesting the removal of the person's |
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disability to purchase a firearm imposed under 18 U.S.C. Section |
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922(g)(4). |
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(b) At a proceeding involving the complete restoration of |
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the ward's capacity under Subchapter B, the ward or a person |
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interested in the ward's welfare may request an order seeking |
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relief from a firearms disability described by Subsection (a). |
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(c) In determining whether to grant the relief sought under |
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Subsection (a) or (b), the court must hear and consider evidence |
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about: |
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(1) the circumstances that led to imposition of the |
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firearms disability; |
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(2) the person's mental history; |
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(3) the person's criminal history; and |
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(4) the person's reputation. |
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(d) A court may not grant relief under this section unless |
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the court makes and enters in the record the following affirmative |
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findings: |
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(1) the person or ward is no longer likely to act in a |
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manner dangerous to public safety; and |
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(2) removing the person's or ward's disability to |
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purchase a firearm is in the public interest. |
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SECTION 2. Section 1202.151(a), Estates Code, as effective |
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January 1, 2014, is amended to read as follows: |
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(a) Except as provided by Section 1202.201, at [At] a |
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hearing on an application filed under Section 1202.051, the court |
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shall consider only evidence regarding the ward's mental or |
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physical capacity at the time of the hearing that is relevant to the |
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complete restoration of the ward's capacity or modification of the |
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ward's guardianship. |
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SECTION 3. This Act takes effect January 1, 2014. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2407 was passed by the House on May 2, |
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2013, by the following vote: Yeas 146, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2407 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |