LEAP Forward
Politicizing Guns since 2017


Texas HB 545 - Mental Health

SECTION 1. Section 46.06, Penal Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows:

(a) A person commits an offense if the person:

(7) knowingly sells, rents, leases, loans, or gives a firearm to a person who the actor knows, or has reasonable cause to believe, is:

(A) a person receiving inpatient mental health services by order of a court under Chapter 574, Health and Safety Code;
(B) a person who has been acquitted in a criminal case by reason of insanity or lack of mental responsibility, regardless of whether the person was ordered by a court to receive inpatient treatment or residential care under Chapter 46C, Code of Criminal Procedure;
(C) a person who has been 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;
(D) an incapacitated adult for whom a court has appointed a guardian of the person under Title 3, Estates Code, based on a determination that the person lacks the mental capacity to manage the person’s affairs; or
(E) a person determined to be incompetent to stand trial under Chapter 46B, Code of Criminal Procedure.