87R146 TSS-D
By: Cain H.B. No. 336
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the recognition 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 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
constituting an offense engaged in by 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 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 enforces or attempts to 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, 2021.