Texas 2025 - 89th Regular

Texas House Bill HB2570 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R552 JRR-F
2	2	By: Bryant H.B. No. 2570
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to extreme risk protective orders and certain other
10	10	protective orders prohibiting possession of a firearm; creating
11	11	criminal offenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 7B.005(a), Code of Criminal Procedure,
14	14	is amended to read as follows:
15	15	(a) In a protective order issued under this subchapter, the
16	16	court may:
17	17	(1) order the alleged offender to take action as
18	18	specified by the court that the court determines is necessary or
19	19	appropriate to prevent or reduce the likelihood of future harm to
20	20	the applicant or a member of the applicant's family or household; or
21	21	(2) prohibit the alleged offender from:
22	22	(A) communicating:
23	23	(i) directly or indirectly with the
24	24	applicant or any member of the applicant's family or household in a
25	25	threatening or harassing manner; or
26	26	(ii) in any manner with the applicant or any
27	27	member of the applicant's family or household except through the
28	28	applicant's attorney or a person appointed by the court, if the
29	29	court finds good cause for the prohibition;
30	30	(B) going to or near the residence, place of
31	31	employment or business, or child-care facility or school of the
32	32	applicant or any member of the applicant's family or household;
33	33	(C) engaging in conduct directed specifically
34	34	toward the applicant or any member of the applicant's family or
35	35	household, including following the person, that is reasonably
36	36	likely to harass, annoy, alarm, abuse, torment, or embarrass the
37	37	person;
38	38	(D) possessing a firearm, unless the alleged
39	39	offender possesses the firearm for the actual discharge of the
40	40	alleged offender's official duties as:
41	41	(i) [is] a peace officer, as defined by
42	42	Section 1.07, Penal Code; or
43	43	(ii) a member of the armed forces or state
44	44	military forces, as defined by Section 431.001, Government Code [,
45	45	actively engaged in employment as a sworn, full-time paid employee
46	46	of a state agency or political subdivision]; and
47	47	(E) tracking or monitoring personal property or a
48	48	motor vehicle in the possession of the applicant or of a member of
49	49	the applicant's family or household, without the applicant's
50	50	effective consent, including by:
51	51	(i) using a tracking application on a
52	52	personal electronic device in the possession of the applicant or
53	53	the family or household member or using a tracking device; or
54	54	(ii) physically following the applicant or
55	55	the family or household member or causing another to physically
56	56	follow the applicant or member.
57	57	SECTION 2. Article 7B.006(a), Code of Criminal Procedure,
58	58	is amended to read as follows:
59	59	(a) Each protective order issued under this subchapter,
60	60	including a temporary ex parte order, must contain the following
61	61	prominently displayed statements in boldfaced type, in capital
62	62	letters, or underlined:
63	63	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
64	64	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
65	65	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
66	66	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
67	67	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
68	68	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
69	69	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
70	70	UNLESS A COURT CHANGES THE ORDER."
71	71	"IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE
72	72	ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO
73	73	POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S
74	74	OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07,
75	75	PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY
76	76	FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY
77	77	ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE
78	78	AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE
79	79	ORDER TO POSSESS A FIREARM OR AMMUNITION]."
80	80	SECTION 3. Chapter 7B, Code of Criminal Procedure, is
81	81	amended by adding Subchapter D to read as follows:
82	82	SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER
83	83	Art. 7B.151. DEFINITIONS. In this subchapter:
84	84	(1) "Bodily injury" and "serious bodily injury" have
85	85	the meanings assigned by Section 1.07, Penal Code.
86	86	(2) "Family," "family violence," and "household" have
87	87	the meanings assigned by Chapter 71, Family Code.
88	88	(3) "Firearm" has the meaning assigned by Section
89	89	46.01, Penal Code.
90	90	Art. 7B.152. APPLICATION FOR EXTREME RISK PROTECTIVE ORDER.
91	91	(a) An application for a protective order under this subchapter may
92	92	be filed by:
93	93	(1) a member of the respondent's family or household;
94	94	(2) a parent, guardian, or conservator of a person who
95	95	is:
96	96	(A) under 18 years of age; and
97	97	(B) a member of the respondent's family or
98	98	household; or
99	99	(3) a peace officer.
100	100	(b) An application must:
101	101	(1) include:
102	102	(A) detailed allegations, based on personal
103	103	knowledge of a person described by Subsection (a), regarding any
104	104	dangerous behavior or conduct exhibited by the respondent,
105	105	including any behavior or conduct related to the respondent's use
106	106	of firearms;
107	107	(B) information concerning the quantity, type,
108	108	and location of any firearms the applicant believes to be in the
109	109	respondent's possession or control, if any;
110	110	(C) any other relevant facts indicating a need
111	111	for a protective order under this subchapter; and
112	112	(D) a statement that the applicant believes the
113	113	respondent poses an immediate and present danger of causing bodily
114	114	injury, serious bodily injury, or death to any person, including
115	115	the respondent, as a result of the respondent's access to firearms;
116	116	and
117	117	(2) be signed by the applicant under an oath that, to
118	118	the knowledge and belief of the applicant, the facts and
119	119	circumstances contained in the application are true.
120	120	(c) An application for a protective order under this
121	121	subchapter may be filed in a district court, juvenile court having
122	122	the jurisdiction of a district court, statutory county court, or
123	123	constitutional county court in the county in which the applicant or
124	124	the respondent resides.
125	125	Art. 7B.153. CONFIDENTIALITY OF CERTAIN INFORMATION. On
126	126	receiving an application containing specific health information
127	127	concerning the respondent, the court shall order the clerk to:
128	128	(1) strike the information from the public records of
129	129	the court; and
130	130	(2) maintain a confidential record of the information
131	131	for use only by the court.
132	132	Art. 7B.154. TEMPORARY EX PARTE ORDER. (a) If the court
133	133	finds from the information contained in an application for a
134	134	protective order under this subchapter that there is reasonable
135	135	cause to believe that the respondent poses an immediate and present
136	136	danger of causing bodily injury, serious bodily injury, or death to
137	137	any person, including the respondent, as a result of the
138	138	respondent's access to firearms, the court, without further notice
139	139	to the respondent and without a hearing, may issue a temporary ex
140	140	parte order prohibiting the respondent from purchasing, owning,
141	141	possessing, or controlling a firearm.
142	142	(b) In a temporary ex parte order, the court may order the
143	143	respondent to:
144	144	(1) not later than 24 hours after the time the order is
145	145	issued, relinquish any firearms owned by or in the actual or
146	146	constructive possession or control of the respondent to a law
147	147	enforcement agency for holding in the manner provided by Article
148	148	18.192; and
149	149	(2) if applicable, surrender to the court the
150	150	respondent's license to carry a handgun issued under Subchapter H,
151	151	Chapter 411, Government Code.
152	152	Art. 7B.155. HEARING; ISSUANCE OF PROTECTIVE ORDER. (a)
153	153	Not later than the 14th day after the later of the date an
154	154	application is filed or the date a temporary ex parte order is
155	155	issued, the court shall hold a hearing on the issuance of the
156	156	protective order.
157	157	(b) The court shall provide personal notice of the hearing
158	158	to the respondent.
159	159	(c) In determining whether to issue a protective order under
160	160	this article, the court:
161	161	(1) shall consider:
162	162	(A) any history of threats or acts of violence by
163	163	the respondent directed at any person, including the respondent;
164	164	(B) any history of the respondent using,
165	165	attempting to use, or threatening to use physical force against
166	166	another person;
167	167	(C) any recent violation by the respondent of an
168	168	order issued:
169	169	(i) under another provision of this chapter
170	170	or under Article 17.292;
171	171	(ii) under Section 6.504 or Chapter 85,
172	172	Family Code;
173	173	(iii) under Chapter 83, Family Code, if the
174	174	temporary ex parte order has been served on the respondent; or
175	175	(iv) by another jurisdiction as provided by
176	176	Chapter 88, Family Code;
177	177	(D) any arrest or conviction of the respondent
178	178	for:
179	179	(i) an offense under Section 42.072, Penal
180	180	Code; or
181	181	(ii) an offense involving violence,
182	182	including family violence;
183	183	(E) any conviction of the respondent for an
184	184	offense under Section 42.09, 42.091, or 42.092, Penal Code; and
185	185	(F) evidence related to the respondent's current
186	186	or recent abuse of a controlled substance or alcohol, not including
187	187	any evidence of previous treatment for or recovery from abusing a
188	188	controlled substance or alcohol; and
189	189	(2) may consider any other relevant factor including:
190	190	(A) any previous violation by the respondent of
191	191	an order described by Subdivision (1)(C); and
192	192	(B) evidence regarding the respondent's recent
193	193	acquisition of firearms, ammunition, or other deadly weapons.
194	194	(d) At the close of the hearing, if the court finds by clear
195	195	and convincing evidence that the respondent poses an immediate and
196	196	present danger of causing bodily injury, serious bodily injury, or
197	197	death to any person, including the respondent, as a result of the
198	198	respondent's access to firearms, the court shall issue a protective
199	199	order that includes a statement of the required finding.
200	200	(e) If the court does not make the finding described by
201	201	Subsection (d), the court shall, as applicable, rescind any
202	202	temporary ex parte order issued under Article 7B.154 and return the
203	203	respondent's license to carry a handgun.
204	204	Art. 7B.156. CONTENTS OF PROTECTIVE ORDER. In a protective
205	205	order issued under Article 7B.155, the court shall:
206	206	(1) prohibit the person who is subject to the order
207	207	from purchasing, owning, possessing, or controlling a firearm for
208	208	the duration of the order;
209	209	(2) order the person to:
210	210	(A) not later than 24 hours after the time the
211	211	order is issued, relinquish any firearms owned by or in the actual
212	212	or constructive possession or control of the person to a law
213	213	enforcement agency for holding in the manner provided by Article
214	214	18.192; and
215	215	(B) if applicable, surrender to the court the
216	216	person's license to carry a handgun issued under Subchapter H,
217	217	Chapter 411, Government Code; and
218	218	(3) suspend a license to carry a handgun issued under
219	219	Subchapter H, Chapter 411, Government Code, that is held by the
220	220	person.
221	221	Art. 7B.157. DURATION OF PROTECTIVE ORDER. (a) A
222	222	protective order issued under Article 7B.155 is effective until the
223	223	first anniversary of the date the order was issued.
224	224	(b) The court may renew a protective order issued under
225	225	Article 7B.155 for a period not to exceed one year after the order's
226	226	original expiration date. Before renewing the order the court must
227	227	hold a hearing after providing personal notice of the hearing to the
228	228	person who is the subject of the order.
229	229	(c) A person who is the subject of a protective order may
230	230	file a motion not earlier than the 91st day after the date on which
231	231	the order was initially issued or renewed, as applicable,
232	232	requesting that the court review the order and determine whether
233	233	there is a continuing need for the order. After a hearing on the
234	234	motion, if the court fails to make the finding that there is no
235	235	continuing need for the order, the order remains in effect until the
236	236	date the order expires as provided by this article.
237	237	(d) At a hearing to renew or rescind a protective order
238	238	under this article, the court shall consider the factors described
239	239	by Article 7B.155(c).
240	240	Art. 7B.158. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a)
241	241	Not later than 24 hours after the time a protective order is issued
242	242	under Article 7B.155, the clerk of the issuing court shall provide
243	243	the following to the Department of Public Safety:
244	244	(1) the complete name, race, and sex of the person who
245	245	is the subject of the order;
246	246	(2) any known identifying number of the person,
247	247	including a social security number, driver's license number, or
248	248	state identification number;
249	249	(3) the person's date of birth;
250	250	(4) if surrendered to the court, the person's license
251	251	to carry a handgun issued under Subchapter H, Chapter 411,
252	252	Government Code; and
253	253	(5) a copy of the order suspending the person's license
254	254	to carry a handgun under Subchapter H, Chapter 411, Government
255	255	Code.
256	256	(b) On receipt of an order suspending a license to carry a
257	257	handgun, the Department of Public Safety shall:
258	258	(1) record the suspension of the license in the
259	259	records of the department;
260	260	(2) report the suspension to local law enforcement
261	261	agencies, as appropriate; and
262	262	(3) if the license was not surrendered to the court,
263	263	demand surrender of the suspended license from the license holder.
264	264	(c) Not later than the 30th day after the date the
265	265	protective order is rescinded or expires under Article 7B.157, the
266	266	clerk of the issuing court shall notify the Department of Public
267	267	Safety of the rescission or expiration, as applicable.
268	268	Art. 7B.159. APPLICATION OF OTHER LAW. Except as otherwise
269	269	provided by this subchapter and to the extent applicable, Title 4,
270	270	Family Code, applies to a protective order issued under this
271	271	subchapter.
272	272	SECTION 4. Articles 17.292(c) and (g), Code of Criminal
273	273	Procedure, are amended to read as follows:
274	274	(c) The magistrate in the order for emergency protection may
275	275	prohibit the arrested party from:
276	276	(1) committing:
277	277	(A) family violence or an assault on the person
278	278	protected under the order; or
279	279	(B) an act in furtherance of an offense under
280	280	Section 20A.02 or 42.072, Penal Code;
281	281	(2) communicating:
282	282	(A) directly with a member of the family or
283	283	household or with the person protected under the order in a
284	284	threatening or harassing manner;
285	285	(B) a threat through any person to a member of the
286	286	family or household or to the person protected under the order; or
287	287	(C) if the magistrate finds good cause, in any
288	288	manner with a person protected under the order or a member of the
289	289	family or household of a person protected under the order, except
290	290	through the party's attorney or a person appointed by the court;
291	291	(3) going to or near:
292	292	(A) the residence, place of employment, or
293	293	business of a member of the family or household or of the person
294	294	protected under the order; or
295	295	(B) the residence, child care facility, or school
296	296	where a child protected under the order resides or attends;
297	297	(4) possessing a firearm, unless the person possesses
298	298	the firearm for the actual discharge of the person's official
299	299	duties as:
300	300	(A) [is] a peace officer, as defined by Section
301	301	1.07, Penal Code; or
302	302	(B) a member of the armed forces or state
303	303	military forces, as defined by Section 431.001, Government Code [,
304	304	actively engaged in employment as a sworn, full-time paid employee
305	305	of a state agency or political subdivision]; or
306	306	(5) tracking or monitoring personal property or a
307	307	motor vehicle in the possession of the person protected under the
308	308	order or of a member of the family or household of the person
309	309	protected under the order, without the protected person's effective
310	310	consent, including by:
311	311	(A) using a tracking application on a personal
312	312	electronic device in the possession of the person or the family or
313	313	household member or using a tracking device; or
314	314	(B) physically following the person or the family
315	315	or household member or causing another to physically follow the
316	316	person or member.
317	317	(g) An order for emergency protection issued under this
318	318	article must contain the following statements printed in bold-face
319	319	type or in capital letters:
320	320	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
321	321	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
322	322	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
323	323	RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
324	324	MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
325	325	VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE
326	326	FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
327	327	LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER
328	328	THAN A PERSON WHO POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF
329	329	THE PERSON'S OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY
330	330	SECTION 1.07, PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR
331	331	STATE MILITARY FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT
332	332	CODE [ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID
333	333	EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION], WHO IS
334	334	SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE
335	335	PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
336	336	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
337	337	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
338	338	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
339	339	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
340	340	UNLESS A COURT CHANGES THE ORDER."
341	341	SECTION 5. Chapter 18, Code of Criminal Procedure, is
342	342	amended by adding Article 18.192 to read as follows:
343	343	Art. 18.192. HOLDING AND DISPOSITION OF FIREARM
344	344	RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law
345	345	enforcement officer who takes possession of a firearm from a person
346	346	who is the subject of an extreme risk protective order issued under
347	347	Subchapter D, Chapter 7B, shall immediately provide the person with
348	348	a written copy of the receipt for the firearm and a written notice
349	349	of the procedure for the return of a firearm under this article.
350	350	(b) Not later than the seventh day after the date a firearm
351	351	subject to disposition under this article is received, the law
352	352	enforcement agency holding the firearm shall notify the court that
353	353	issued the extreme risk protective order that the person who is the
354	354	subject of the order has relinquished the firearm.
355	355	(c) Not later than the 30th day after the date the extreme
356	356	risk protective order is rescinded or expires, the clerk of the
357	357	court shall notify the law enforcement agency of the rescission or
358	358	expiration.
359	359	(d) Not later than the 30th day after the date the law
360	360	enforcement agency holding a firearm subject to disposition under
361	361	this article receives the notice described by Subsection (c), the
362	362	law enforcement agency shall conduct a check of state and national
363	363	criminal history record information to verify whether the person
364	364	may lawfully possess a firearm under 18 U.S.C. Section 922(g) and
365	365	under the law of this state.
366	366	(e) If the check conducted under Subsection (d) verifies
367	367	that the person may lawfully possess a firearm, the law enforcement
368	368	agency shall provide to the person by certified mail written notice
369	369	stating that the firearm may be returned to the person if the person
370	370	submits a written request before the 121st day after the date of the
371	371	notice.
372	372	(f) An unclaimed firearm that is received under an extreme
373	373	risk protective order issued under Subchapter D, Chapter 7B, may
374	374	not be destroyed or forfeited to the state.
375	375	(g) The law enforcement agency holding the firearm may
376	376	provide for the firearm to be sold by a firearms dealer licensed
377	377	under 18 U.S.C. Section 923 if:
378	378	(1) the check conducted under Subsection (d) shows
379	379	that the person may not lawfully possess a firearm; or
380	380	(2) the notice is provided under Subsection (e) and
381	381	the person does not submit, before the 121st day after the date of
382	382	the notice, a written request for the return of the firearm.
383	383	(h) The proceeds from the sale of a firearm under this
384	384	article shall be paid to the owner of the seized firearm, less the
385	385	cost of administering this article with respect to the firearm.
386	386	SECTION 6. Section 85.022(b), Family Code, is amended to
387	387	read as follows:
388	388	(b) In a protective order, the court may prohibit the person
389	389	found to have committed family violence from:
390	390	(1) committing family violence;
391	391	(2) communicating:
392	392	(A) directly with a person protected by an order
393	393	or a member of the family or household of a person protected by an
394	394	order, in a threatening or harassing manner;
395	395	(B) a threat through any person to a person
396	396	protected by an order or a member of the family or household of a
397	397	person protected by an order; and
398	398	(C) if the court finds good cause, in any manner
399	399	with a person protected by an order or a member of the family or
400	400	household of a person protected by an order, except through the
401	401	party's attorney or a person appointed by the court;
402	402	(3) going to or near the residence or place of
403	403	employment or business of a person protected by an order or a member
404	404	of the family or household of a person protected by an order;
405	405	(4) going to or near the residence, child-care
406	406	facility, or school a child protected under the order normally
407	407	attends or in which the child normally resides;
408	408	(5) engaging in conduct directed specifically toward a
409	409	person who is a person protected by an order or a member of the
410	410	family or household of a person protected by an order, including
411	411	following the person, that is reasonably likely to harass, annoy,
412	412	alarm, abuse, torment, or embarrass the person;
413	413	(6) possessing a firearm, unless the person possesses
414	414	the firearm for the actual discharge of the person's official
415	415	duties as:
416	416	(A) [is] a peace officer, as defined by Section
417	417	1.07, Penal Code; or
418	418	(B) a member of the armed forces or state
419	419	military forces, as defined by Section 431.001, Government Code [,
420	420	actively engaged in employment as a sworn, full-time paid employee
421	421	of a state agency or political subdivision];
422	422	(7) harming, threatening, or interfering with the
423	423	care, custody, or control of a pet, companion animal, or assistance
424	424	animal, as defined by Section 121.002, Human Resources Code, that
425	425	is possessed by or is in the actual or constructive care of a person
426	426	protected by an order or by a member of the family or household of a
427	427	person protected by an order; and
428	428	(8) tracking or monitoring personal property or a
429	429	motor vehicle in the possession of a person protected by an order or
430	430	of a member of the family or household of a person protected by an
431	431	order, without the person's effective consent, including by:
432	432	(A) using a tracking application on a personal
433	433	electronic device in the possession of the person or the family or
434	434	household member or using a tracking device; or
435	435	(B) physically following the person or the family
436	436	or household member or causing another to physically follow the
437	437	person or member.
438	438	SECTION 7. Section 85.026(a), Family Code, is amended to
439	439	read as follows:
440	440	(a) Each protective order issued under this subtitle,
441	441	including a temporary ex parte order, must contain the following
442	442	prominently displayed statements in boldfaced type, capital
443	443	letters, or underlined:
444	444	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
445	445	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
446	446	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
447	447	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
448	448	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
449	449	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
450	450	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
451	451	UNLESS A COURT CHANGES THE ORDER."
452	452	"IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE
453	453	ORDER TO POSSESS A FIREARM OR AMMUNITION, OTHER THAN A PERSON WHO
454	454	POSSESSES A FIREARM FOR THE ACTUAL DISCHARGE OF THE PERSON'S
455	455	OFFICIAL DUTIES AS A PEACE OFFICER, AS DEFINED BY SECTION 1.07,
456	456	PENAL CODE, OR AS A MEMBER OF THE ARMED FORCES OR STATE MILITARY
457	457	FORCES, AS DEFINED BY SECTION 431.001, GOVERNMENT CODE [ACTIVELY
458	458	ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE
459	459	AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE
460	460	ORDER TO POSSESS A FIREARM OR AMMUNITION]."
461	461	"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
462	462	CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
463	463	EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
464	464	ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
465	465	IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
466	466	"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
467	467	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
468	468	IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
469	469	"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
470	470	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
471	471	IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
472	472	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
473	473	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
474	474	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
475	475	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
476	476	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
477	477	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
478	478	FOR AT LEAST TWO YEARS."
479	479	SECTION 8. Subchapter D, Chapter 411, Government Code, is
480	480	amended by adding Section 411.0522 to read as follows:
481	481	Sec. 411.0522. INFORMATION CONCERNING EXTREME RISK
482	482	PROTECTIVE ORDER. (a) The department by rule shall establish a
483	483	procedure to provide information concerning a person who is the
484	484	subject of an extreme risk protective order issued under Subchapter
485	485	D, Chapter 7B, Code of Criminal Procedure, to the Federal Bureau of
486	486	Investigation for inclusion in the National Instant Criminal
487	487	Background Check System.
488	488	(b) The procedure must require the department to provide any
489	489	information received under Article 7B.158, Code of Criminal
490	490	Procedure, to the Federal Bureau of Investigation not later than 24
491	491	hours after the time the department received the information.
492	492	SECTION 9. Section 411.172(a), Government Code, is amended
493	493	to read as follows:
494	494	(a) A person is eligible for a license to carry a handgun if
495	495	the person:
496	496	(1) is a legal resident of this state for the six-month
497	497	period preceding the date of application under this subchapter or
498	498	is otherwise eligible for a license under Section 411.173(a);
499	499	(2) is at least 21 years of age;
500	500	(3) has not been convicted of a felony;
501	501	(4) is not charged with the commission of a Class A or
502	502	Class B misdemeanor or equivalent offense, or of an offense under
503	503	Section 42.01, Penal Code, or equivalent offense, or of a felony
504	504	under an information or indictment;
505	505	(5) is not a fugitive from justice for a felony or a
506	506	Class A or Class B misdemeanor or equivalent offense;
507	507	(6) is not a chemically dependent person;
508	508	(7) is not incapable of exercising sound judgment with
509	509	respect to the proper use and storage of a handgun;
510	510	(8) has not, in the five years preceding the date of
511	511	application, been convicted of a Class A or Class B misdemeanor or
512	512	equivalent offense or of an offense under Section 42.01, Penal
513	513	Code, or equivalent offense;
514	514	(9) is fully qualified under applicable federal and
515	515	state law to purchase a handgun;
516	516	(10) has not been finally determined to be delinquent
517	517	in making a child support payment administered or collected by the
518	518	attorney general;
519	519	(11) has not been finally determined to be delinquent
520	520	in the payment of a tax or other money collected by the comptroller,
521	521	the tax collector of a political subdivision of the state, or any
522	522	agency or subdivision of the state;
523	523	(12) is not currently:
524	524	(A) restricted under a court protective order,
525	525	including an extreme risk protective order issued under Subchapter
526	526	D, Chapter 7B, Code of Criminal Procedure; or
527	527	(B) subject to a restraining order affecting the
528	528	spousal relationship, other than a restraining order solely
529	529	affecting property interests;
530	530	(13) has not, in the 10 years preceding the date of
531	531	application, been adjudicated as having engaged in delinquent
532	532	conduct violating a penal law of the grade of felony; and
533	533	(14) has not made any material misrepresentation, or
534	534	failed to disclose any material fact, in an application submitted
535	535	pursuant to Section 411.174.
536	536	SECTION 10. Sections 411.187(a) and (c), Government Code,
537	537	are amended to read as follows:
538	538	(a) The department shall suspend a license under this
539	539	section if the license holder:
540	540	(1) is charged with the commission of a Class A or
541	541	Class B misdemeanor or equivalent offense, or of an offense under
542	542	Section 42.01, Penal Code, or equivalent offense, or of a felony
543	543	under an information or indictment;
544	544	(2) fails to notify the department of a change of
545	545	address, name, or status as required by Section 411.181;
546	546	(3) commits an act of family violence and is the
547	547	subject of an active protective order rendered under Title 4,
548	548	Family Code; [or]
549	549	(4) is arrested for an offense involving family
550	550	violence or an offense under Section 42.072, Penal Code, and is the
551	551	subject of an order for emergency protection issued under Article
552	552	17.292, Code of Criminal Procedure; or
553	553	(5) is the subject of an active protective order
554	554	issued under Subchapter D, Chapter 7B, Code of Criminal Procedure.
555	555	(c) The department shall suspend a license under this
556	556	section:
557	557	(1) for 30 days, if the person's license is subject to
558	558	suspension for the [a] reason listed in Subsection (a)(2)[, (3), or
559	559	(4), except as provided by Subdivision (2)];
560	560	(2) [for not less than one year and not more than three
561	561	years, if the person's license:
562	562	[(A) is subject to suspension for a reason listed
563	563	in Subsection (a), other than the reason listed in Subsection
564	564	(a)(1); and
565	565	[(B) has been previously suspended for the same
566	566	reason;
567	567	[(3)] until dismissal of the charges, if the person's
568	568	license is subject to suspension for the reason listed in
569	569	Subsection (a)(1); or
570	570	(3) [(4)] for the duration of or the period specified
571	571	by:
572	572	(A) the protective order issued under Title 4,
573	573	Family Code, if the person's license is subject to suspension for
574	574	the reason listed in Subsection (a)(3) [(a)(5)]; [or]
575	575	(B) the order for emergency protection issued
576	576	under Article 17.292, Code of Criminal Procedure, if the person's
577	577	license is subject to suspension for the reason listed in
578	578	Subsection (a)(4); or
579	579	(C) the extreme risk protective order issued
580	580	under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the
581	581	person's license is subject to suspension for the reason listed in
582	582	Subsection (a)(5) [(a)(6)].
583	583	SECTION 11. Chapter 37, Penal Code, is amended by adding
584	584	Section 37.083 to read as follows:
585	585	Sec. 37.083. FALSE REPORT REGARDING REQUEST FOR EXTREME
586	586	RISK PROTECTIVE ORDER. (a) A person commits an offense if, with
587	587	intent to deceive, the person makes a statement that the person
588	588	knows to be false to a peace officer relating to a request that the
589	589	officer file an application for an extreme risk protective order
590	590	under Subchapter D, Chapter 7B, Code of Criminal Procedure.
591	591	(b) An offense under this section is a Class B misdemeanor.
592	592	(c) If conduct that constitutes an offense under this
593	593	section also constitutes an offense under another law, the actor
594	594	may be prosecuted under this section, the other law, or both.
595	595	SECTION 12. Section 46.04, Penal Code, is amended by
596	596	amending Subsections (c) and (e) and adding Subsections (c-1) and
597	597	(c-2) to read as follows:
598	598	(c) A person [, other than a peace officer, as defined by
599	599	Section 1.07, actively engaged in employment as a sworn, full-time
600	600	paid employee of a state agency or political subdivision,] who is
601	601	subject to an order issued under Section 6.504 or Chapter 85, Family
602	602	Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of
603	603	Criminal Procedure, or by another jurisdiction as provided by
604	604	Chapter 88, Family Code, commits an offense if the person possesses
605	605	a firearm after receiving notice of the order and before expiration
606	606	of the order.
607	607	(c-1) It is a defense to prosecution under Subsection (c)
608	608	that the actor possessed the firearm for the actual discharge of
609	609	official duties as:
610	610	(1) a peace officer, as defined by Section 1.07; or
611	611	(2) a member of the armed forces or state military
612	612	forces, as defined by Section 431.001, Government Code.
613	613	(c-2) A person commits an offense if, after receiving notice
614	614	that the person is subject to an extreme risk protective order
615	615	issued under Subchapter D, Chapter 7B, Code of Criminal Procedure,
616	616	and before rescission or expiration of the order, the person
617	617	purchases, owns, possesses, or controls a firearm in violation of
618	618	the order.
619	619	(e) An offense under Subsection (a) is a felony of the third
620	620	degree. An offense under Subsection (a-1), (b), [or] (c), or (c-2)
621	621	is a Class A misdemeanor.
622	622	SECTION 13. Not later than October 1, 2025, the Department
623	623	of Public Safety shall adopt rules as required by Section 411.0522,
624	624	Government Code, as added by this Act.
625	625	SECTION 14. The change in law made by this Act relating to
626	626	the contents of a protective order or a magistrate's order for
627	627	emergency protection applies to an order issued on or after the
628	628	effective date of this Act. An order issued before that date is
629	629	governed by the law as it existed immediately before the effective
630	630	date of this Act, and the former law is continued in effect for that
631	631	purpose.
632	632	SECTION 15. Section 46.04, Penal Code, as amended by this
633	633	Act, applies only to an offense committed on or after the effective
634	634	date of this Act. An offense committed before the effective date of
635	635	this Act is governed by the law in effect on the date the offense was
636	636	committed, and the former law is continued in effect for that
637	637	purpose. For purposes of this section, an offense was committed
638	638	before the effective date of this Act if any element of the offense
639	639	occurred before that date.
640	640	SECTION 16. To the extent of any conflict, this Act prevails
641	641	over another Act of the 89th Legislature, Regular Session, 2025,
642	642	relating to nonsubstantive additions to and corrections in enacted
643	643	codes.
644	644	SECTION 17. This Act takes effect September 1, 2025.