The bill changes the law so that a peace officer who takes a person into emergency mental-health custody must seize any firearm the person has, instead of merely being allowed to. It touches peace officers and people taken into emergency detention because they may have a mental illness and pose a danger. Starting September 1, 2025, firearm seizure during these detentions becomes mandatory rather than a judgment call, with the officer still following the existing handling rules in the Code of Criminal Procedure.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 3271 by Rep. Reynolds (Died in committee) and this bill (Died in committee). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R HB 3271 by Rep. Reynolds (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.QUICK READ: 120 WORDS. The bill as filed runs 120 words, counting the existing law it amends and the text it strikes. The median 89R bill as filed runs 441 words (derived, 8,702 graded bills, snapshot Oct 19, 2026).NEVER GOT A HEARING. Filed Jan 17, 2025 and referred to the House Homeland Security, Public Safety & Veterans' Affairs committee. No public hearing. The bill died.
relating to the seizure of firearms by a peace officer during the
emergency detention of certain persons who may have a mental
illness.
WHAT IT DOES
Officers must seize the gun, not merely may.
The bill changes the law so that a peace officer who takes a person into emergency mental-health custody must seize any firearm the person has, instead of merely being allowed to. It touches peace officers and people taken into emergency detention because they may have a mental illness and pose a danger. Starting September 1, 2025, firearm seizure during these detentions becomes mandatory rather than a judgment call, with the officer still following the existing handling rules in the Code of Criminal Procedure.
CHARGES
[ ] NONE FOUND
TOTAL
No fiscal note in the loaded record.
HISTORY
Filed
Read first time
Referred to Homeland Security, Public Safety & Veterans' Affairs
Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Homeland Security, Public Safety & Veterans' Affairs · Final status: Died in committee
Subjects
Fire Fighters & Police--General
Mental Health & Substance Abuse
Weapons
Text
The text as introduced · 120 words
89R8796 RAL-D
By: Goodwin
H.B. No. 1956
A BILL TO BE ENTITLED
AN ACT
relating to the seizure of firearms by a peace officer during the
emergency detention of certain persons who may have a mental
illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.001(h), Health and Safety Code, is
amended to read as follows:
(h) A peace officer who takes a person into custody under
Subsection (a) shall [ may ] immediately seize any firearm found in
possession of the person. After seizing a firearm under this
subsection, the peace officer shall comply with the requirements of
Article 18.191, Code of Criminal Procedure.
SECTION 2. This Act takes effect September 1, 2025.