bill bars enforcing extreme risk protective orders in Texas

The text as introduced · 540 words

89R3556 MZM-D

By: Cain
H.B. No. 162

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the recognition, service, and enforcement

of extreme risk protective orders; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the "Anti-Red Flag

Act."

SECTION 2. Title 1, Code of Criminal Procedure, is amended

by adding Chapter 7C to read as follows:

CHAPTER 7C. PROHIBITION ON RECOGNITION, SERVICE, AND ENFORCEMENT OF

EXTREME RISK PROTECTIVE ORDERS

Art. 7C.001. DEFINITIONS. In this chapter:

(1) "Extreme risk protective order" means a written

order, warrant, or executive order issued by a court or signed by a

magistrate or other court officer that:

(A) has the primary purpose of reducing the risk

of death or injury related to a firearm by:

(i) prohibiting a person from owning,

possessing, or receiving a firearm; or

(ii) requiring a person to surrender a

firearm or otherwise removing a firearm from a person; and

(B) is not issued on the basis of conduct that

resulted in a criminal charge for the person who is the subject of

the order.

(2) "Firearm" has the meaning assigned by Section

46.01, Penal Code.

Art. 7C.002. LOCAL REGULATION PROHIBITED. (a) This

article applies to:

(1) the State of Texas, including an agency,

department, commission, bureau, board, office, council, court, or

other entity that is in any branch of state government and that is

created by the constitution or a statute of this state, including a

university system or a system of higher education;

(2) the governing body of a municipality, county, or

special district or authority;

(3) an officer, employee, or other body that is part of

a municipality, county, or special district or authority, including

a sheriff, municipal police department, municipal attorney, or

county attorney; and

(4) a district attorney or criminal district attorney.

(b) An entity described by Subsection (a) may not adopt or

enforce a rule, ordinance, order, policy, or other similar measure

relating to an extreme risk protective order unless state law

specifically authorizes the adoption and enforcement of such a

rule, ordinance, order, policy, or measure.

Art. 7C.003. CERTAIN FEDERAL LAWS UNENFORCEABLE. A federal

statute, order, rule, or regulation purporting to implement or

enforce an extreme risk protective order against a person in this

state that infringes on the person's right of due process, keeping

and bearing arms, or free speech protected by the United States

Constitution or the Texas Constitution is unenforceable as against

the public policy of this state and shall have no effect.

Art. 7C.004. ACCEPTING CERTAIN FEDERAL GRANTS PROHIBITED.

An entity described by Article 7C.002(a) may not accept federal

grant funds for the implementation, service, or enforcement of a

federal statute, order, rule, or regulation purporting to implement

or enforce an extreme risk protective order against a person in this

state.

Art. 7C.005. OFFENSE. (a) A person commits an offense if

the person serves or enforces or attempts to serve or enforce an

extreme risk protective order against a person in this state,

unless the order was issued under the laws of this state.

(b) An offense under this article is a state jail felony.

SECTION 3. This Act takes effect September 1, 2025.