| 1 | 1 | | 87R146 TSS-D |
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| 2 | 2 | | By: Cain H.B. No. 336 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting the recognition and enforcement of extreme |
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| 8 | 8 | | risk protective orders; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. This Act shall be known as the "Anti-Red Flag |
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| 11 | 11 | | Act." |
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| 12 | 12 | | SECTION 2. Title 1, Code of Criminal Procedure, is amended |
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| 13 | 13 | | by adding Chapter 7C to read as follows: |
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| 14 | 14 | | CHAPTER 7C. PROHIBITION ON RECOGNITION AND ENFORCEMENT OF EXTREME |
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| 15 | 15 | | RISK PROTECTIVE ORDERS |
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| 16 | 16 | | Art. 7C.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Extreme risk protective order" means a written |
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| 18 | 18 | | order, warrant, or executive order issued by a court or signed by a |
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| 19 | 19 | | magistrate or other court officer that: |
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| 20 | 20 | | (A) has the primary purpose of reducing the risk |
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| 21 | 21 | | of death or injury related to a firearm by: |
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| 22 | 22 | | (i) prohibiting a person from owning, |
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| 23 | 23 | | possessing, or receiving a firearm; or |
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| 24 | 24 | | (ii) requiring a person to surrender a |
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| 25 | 25 | | firearm or otherwise removing a firearm from a person; and |
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| 26 | 26 | | (B) is not issued on the basis of conduct |
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| 27 | 27 | | constituting an offense engaged in by the person who is the subject |
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| 28 | 28 | | of the order. |
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| 29 | 29 | | (2) "Firearm" has the meaning assigned by Section |
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| 30 | 30 | | 46.01, Penal Code. |
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| 31 | 31 | | Art. 7C.002. LOCAL REGULATION PROHIBITED. (a) This |
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| 32 | 32 | | article applies to: |
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| 33 | 33 | | (1) the State of Texas, including an agency, |
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| 34 | 34 | | department, commission, bureau, board, office, council, court, or |
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| 35 | 35 | | other entity that is in any branch of state government and that is |
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| 36 | 36 | | created by the constitution or a statute of this state, including a |
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| 37 | 37 | | university system or a system of higher education; |
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| 38 | 38 | | (2) the governing body of a municipality, county, or |
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| 39 | 39 | | special district or authority; |
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| 40 | 40 | | (3) an officer, employee, or other body that is part of |
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| 41 | 41 | | a municipality, county, or special district or authority, including |
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| 42 | 42 | | a sheriff, municipal police department, municipal attorney, or |
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| 43 | 43 | | county attorney; and |
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| 44 | 44 | | (4) a district attorney or criminal district attorney. |
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| 45 | 45 | | (b) An entity described by Subsection (a) may not adopt or |
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| 46 | 46 | | enforce a rule, ordinance, order, policy, or other similar measure |
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| 47 | 47 | | relating to an extreme risk protective order unless state law |
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| 48 | 48 | | specifically authorizes the adoption and enforcement of such a |
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| 49 | 49 | | rule, ordinance, order, policy, or measure. |
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| 50 | 50 | | Art. 7C.003. CERTAIN FEDERAL LAWS UNENFORCEABLE. A federal |
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| 51 | 51 | | statute, order, rule, or regulation purporting to implement or |
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| 52 | 52 | | enforce an extreme risk protective order against a person in this |
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| 53 | 53 | | state that infringes on the person's right of due process, keeping |
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| 54 | 54 | | and bearing arms, or free speech protected by the United States |
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| 55 | 55 | | Constitution or the Texas Constitution is unenforceable as against |
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| 56 | 56 | | the public policy of this state and shall have no effect. |
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| 57 | 57 | | Art. 7C.004. ACCEPTING CERTAIN FEDERAL GRANTS PROHIBITED. |
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| 58 | 58 | | An entity described by Article 7C.002(a) may not accept federal |
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| 59 | 59 | | grant funds for the implementation or enforcement of a federal |
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| 60 | 60 | | statute, order, rule, or regulation purporting to implement or |
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| 61 | 61 | | enforce an extreme risk protective order against a person in this |
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| 62 | 62 | | state. |
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| 63 | 63 | | Art. 7C.005. OFFENSE. (a) A person commits an offense if |
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| 64 | 64 | | the person enforces or attempts to enforce an extreme risk |
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| 65 | 65 | | protective order against a person in this state, unless the order |
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| 66 | 66 | | was issued under the laws of this state. |
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| 67 | 67 | | (b) An offense under this article is a state jail felony. |
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| 68 | 68 | | SECTION 3. This Act takes effect September 1, 2021. |
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