WHEREAS, H.R.838 – Threat, Assessment, Prevention, and Safety Act of 2019 (TAPS) in the United States Congress has been filed and referred to subcommittee; and
WHEREAS, the framework of the bill suggests a doorway for future Red Flag Laws to be filed under the recommendations of the Joint Behavioral Threat Assessment and Management Task Force as provided for in H.R. 838; and
WHEREAS, the current trend after the El Paso shootings, as well as Midland and Odessa, is that our Governor has mirrored executive orders that closely resemble H.R. 838 (TAPS); and
WHEREAS, the relevant statute that applies in the Texas Health and Safety Code:
Sec. 611.004. AUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING.
(a)A professional may disclose confidential information only:
(1)to a governmental agency if the disclosure is required or authorized by law;
(2)to medical or law enforcement personnel if the professional determines that there is a probability of imminent physical injury by the patient to the patient or others or there is a probability of immediate mental or emotional injury to the patient; and
WHEREAS, mass shooting deaths account for 1% of all gun deaths annually in the United States, while nearly 66% of all gun deaths were by suicide; and
WHEREAS, the National Highway Traffic Safety Administration published that 10,874 deaths in 2017 were caused by drunk driving, fully 27.39% more than all gun-related deaths in the same year; and
WHEREAS, any death is a great loss, whether from a DWI or by violent individuals using guns; now
THEREFORE, BE IT RESOLVED that the Republican Party of Texas urges our state lawmakers to apply proportionate scrutiny to all criminal-related deaths; and
BE IT FURTHER RESOLVED that the Republican Party of Texas directs lawmakers to hold fast to the inalienable rights guaranteed by the United States and Texas Constitutions; and
BE IT FURTHER RESOLVED that a copy of this resolution be sent to Governor Abbott, Lieutenant Governor Patrick, Attorney General Paxton, all Texas legislators, and the Texas Congressional delegation.