Texas 2025 - 89th Regular

Texas House Bill HB893 Compare Versions

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

Old	New	Differences
1	1	89R4512 JSC-D
2	2	By: Moody H.B. No. 893
3	3
4	4
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to extreme risk protective orders; creating criminal
10	10	offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 7B, Code of Criminal Procedure, is
13	13	amended by adding Subchapter D to read as follows:
14	14	SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER
15	15	Art. 7B.151. DEFINITIONS. In this subchapter:
16	16	(1) "Bodily injury" and "serious bodily injury" have
17	17	the meanings assigned by Section 1.07, Penal Code.
18	18	(2) "Family," "family violence," and "household" have
19	19	the meanings assigned by Chapter 71, Family Code.
20	20	(3) "Firearm" has the meaning assigned by Section
21	21	46.01, Penal Code.
22	22	(4) "Local mental health authority" has the meaning
23	23	assigned by Section 571.003, Health and Safety Code.
24	24	(5) "Serious mental illness" has the meaning assigned
25	25	by Section 1355.001, Insurance Code.
26	26	Art. 7B.152. APPLICATION FOR EXTREME RISK PROTECTIVE ORDER.
27	27	(a) An application for a protective order under this subchapter may
28	28	be filed by:
29	29	(1) a member of the respondent's family or household;
30	30	(2) a parent, guardian, or conservator of a person who
31	31	is under 18 years of age and a member of the respondent's family or
32	32	household; or
33	33	(3) a prosecuting attorney acting:
34	34	(A) on behalf of a person described by
35	35	Subdivision (1) or (2); or
36	36	(B) at the request of a peace officer.
37	37	(b) An application must:
38	38	(1) include:
39	39	(A) detailed allegations, based on personal
40	40	knowledge of a person described by Subsection (a)(1) or (2) or of a
41	41	peace officer, regarding any dangerous behavior or conduct
42	42	exhibited by the respondent as a result of a serious mental illness,
43	43	including any behavior or conduct related to the respondent's use
44	44	of firearms;
45	45	(B) any relevant medical or mental health
46	46	information concerning the respondent, including copies of
47	47	relevant medical or mental health records, if available;
48	48	(C) information concerning the quantity, type,
49	49	and location of any firearms the applicant believes to be in the
50	50	respondent's possession or control, if any;
51	51	(D) any other relevant facts indicating a need
52	52	for a protective order under this subchapter; and
53	53	(E) a statement that the applicant believes the
54	54	respondent poses an immediate and present danger of causing bodily
55	55	injury, serious bodily injury, or death to any person, including
56	56	the respondent, as a result of the respondent's serious mental
57	57	illness and access to firearms; and
58	58	(2) be signed by the applicant under an oath that, to
59	59	the knowledge and belief of the applicant, the facts and
60	60	circumstances contained in the application are true.
61	61	(c) An application for a protective order under this
62	62	subchapter may be filed in a district court, juvenile court having
63	63	the jurisdiction of a district court, statutory county court, or
64	64	constitutional county court in the county in which the applicant or
65	65	the respondent resides.
66	66	Art. 7B.153. CONFIDENTIALITY OF CERTAIN INFORMATION. On
67	67	receiving an application containing specific medical or mental
68	68	health information concerning the respondent, the court shall order
69	69	the clerk to:
70	70	(1) strike the information from the public records of
71	71	the court; and
72	72	(2) maintain a confidential record of the information
73	73	for use only by the court.
74	74	Art. 7B.154. TEMPORARY EX PARTE ORDER. (a) If the court
75	75	finds from the information contained in an application for a
76	76	protective order under this subchapter that there is reasonable
77	77	cause to believe that the respondent poses an immediate and present
78	78	danger of causing bodily injury, serious bodily injury, or death to
79	79	any person, including the respondent, as a result of the
80	80	respondent's serious mental illness and access to firearms, the
81	81	court, without further notice to the respondent and without a
82	82	hearing, may issue a temporary ex parte order prohibiting the
83	83	respondent from purchasing, owning, possessing, or controlling a
84	84	firearm.
85	85	(b) In a temporary ex parte order, the court may order the
86	86	respondent to:
87	87	(1) relinquish, without delay, any firearms owned by
88	88	or in the actual or constructive possession or control of the
89	89	respondent to a law enforcement agency for holding in the manner
90	90	provided by Article 18.192;
91	91	(2) if applicable, surrender to the court the
92	92	respondent's license to carry a handgun issued under Subchapter H,
93	93	Chapter 411, Government Code; and
94	94	(3) for purposes of determining whether the respondent
95	95	has a serious mental illness, submit to an examination by the local
96	96	mental health authority or a disinterested expert who is qualified
97	97	to diagnose, and experienced in diagnosing, mental illness.
98	98	Art. 7B.155. HEARING; ISSUANCE OF PROTECTIVE ORDER. (a)
99	99	Not later than the 14th day after the later of the date an
100	100	application is filed or the date a temporary ex parte order is
101	101	issued, the court shall hold a hearing on the issuance of the
102	102	protective order.
103	103	(b) The court shall provide personal notice of the hearing
104	104	to the respondent.
105	105	(c) In determining whether to issue a protective order under
106	106	this article, the court:
107	107	(1) shall consider:
108	108	(A) the results of an examination described by
109	109	Article 7B.154(b)(3);
110	110	(B) any relevant medical or mental health
111	111	information concerning the respondent;
112	112	(C) any history of threats or acts of violence by
113	113	the respondent directed at any person, including the respondent;
114	114	(D) any history of the respondent using,
115	115	attempting to use, or threatening to use physical force against
116	116	another person;
117	117	(E) any recent violation by the respondent of an
118	118	order issued:
119	119	(i) under another provision of this chapter
120	120	or under Article 17.292;
121	121	(ii) under Section 6.504 or Chapter 85,
122	122	Family Code;
123	123	(iii) under Chapter 83, Family Code, if the
124	124	temporary ex parte order has been served on the respondent; or
125	125	(iv) by another jurisdiction as provided by
126	126	Chapter 88, Family Code;
127	127	(F) any arrest or conviction of the respondent
128	128	for:
129	129	(i) an offense under Section 42.072, Penal
130	130	Code; or
131	131	(ii) an offense involving violence,
132	132	including family violence;
133	133	(G) any conviction of the respondent for an
134	134	offense under Section 42.09, 42.091, or 42.092, Penal Code; and
135	135	(H) evidence related to the respondent's abuse of
136	136	a controlled substance or alcohol, including evidence of any
137	137	treatment for and recovery from abusing a controlled substance or
138	138	alcohol; and
139	139	(2) may consider any other relevant factor including:
140	140	(A) any previous violation by the respondent of
141	141	an order described by Subdivision (1)(E); and
142	142	(B) evidence regarding the respondent's recent
143	143	acquisition of firearms, ammunition, or other deadly weapons.
144	144	(d) At the close of the hearing, if the court finds by clear
145	145	and convincing evidence that the respondent poses an immediate and
146	146	present danger of causing bodily injury, serious bodily injury, or
147	147	death to any person, including the respondent, as a result of the
148	148	respondent's serious mental illness and access to firearms, the
149	149	court shall issue a protective order that includes a statement of
150	150	the required finding.
151	151	(e) If the court does not make the finding described by
152	152	Subsection (d), the court shall, as applicable, immediately rescind
153	153	any temporary ex parte order issued under Article 7B.154 and return
154	154	the respondent's license to carry a handgun.
155	155	Art. 7B.156. CONTENTS OF PROTECTIVE ORDER. In a protective
156	156	order issued under Article 7B.155, the court shall:
157	157	(1) prohibit the person who is subject to the order
158	158	from purchasing, owning, possessing, or controlling a firearm for
159	159	the duration of the order;
160	160	(2) order the person to:
161	161	(A) relinquish, without delay, any firearms
162	162	owned by or in the actual or constructive possession or control of
163	163	the person to a law enforcement agency for holding in the manner
164	164	provided by Article 18.192;
165	165	(B) if applicable, surrender to the court the
166	166	person's license to carry a handgun issued under Subchapter H,
167	167	Chapter 411, Government Code; and
168	168	(C) if applicable, receive outpatient mental
169	169	health services if recommended by the local mental health authority
170	170	or expert after the authority or expert performs an examination
171	171	described by Article 7B.154(b)(3); and
172	172	(3) suspend a license to carry a handgun issued under
173	173	Subchapter H, Chapter 411, Government Code, that is held by the
174	174	person.
175	175	Art. 7B.157. DURATION OF PROTECTIVE ORDER. (a) A
176	176	protective order issued under Article 7B.155 is effective until the
177	177	first anniversary of the date the order was issued.
178	178	(b) The court may renew a protective order issued under
179	179	Article 7B.155 for a period not to exceed one year after the order's
180	180	original expiration date. Before renewing the order the court must
181	181	hold a hearing after providing personal notice of the hearing to the
182	182	person who is the subject of the order.
183	183	(c) A person who is the subject of a protective order may
184	184	file a motion not earlier than the 91st day after the date on which
185	185	the order was initially issued or renewed, as applicable,
186	186	requesting that the court review the order and determine whether
187	187	there is a continuing need for the order. After a hearing on the
188	188	motion, if the court fails to make the finding that there is no
189	189	continuing need for the order, the order remains in effect until the
190	190	date the order expires as provided by this article.
191	191	(d) At a hearing to renew or rescind a protective order
192	192	under this article, the court shall consider the factors described
193	193	by Article 7B.155(c).
194	194	Art. 7B.158. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a)
195	195	Not later than the 30th day after the date a protective order is
196	196	issued under Article 7B.155, the clerk of the issuing court shall
197	197	provide the following to the Department of Public Safety:
198	198	(1) the complete name, race, and sex of the person who
199	199	is the subject of the order;
200	200	(2) any known identifying number of the person,
201	201	including a social security number, driver's license number, or
202	202	state identification number;
203	203	(3) the person's date of birth;
204	204	(4) if surrendered to the court, the person's license
205	205	to carry a handgun issued under Subchapter H, Chapter 411,
206	206	Government Code; and
207	207	(5) a copy of the order suspending the person's license
208	208	to carry a handgun under Subchapter H, Chapter 411, Government
209	209	Code.
210	210	(b) On receipt of an order suspending a license to carry a
211	211	handgun, the Department of Public Safety shall:
212	212	(1) record the suspension of the license in the
213	213	records of the department;
214	214	(2) report the suspension to local law enforcement
215	215	agencies, as appropriate; and
216	216	(3) if the license was not surrendered to the court,
217	217	demand surrender of the suspended license from the license holder.
218	218	(c) Not later than the 30th day after the date the
219	219	protective order is rescinded or expires under Article 7B.157, the
220	220	clerk of the issuing court shall notify the Department of Public
221	221	Safety of the rescission or expiration, as applicable.
222	222	Art. 7B.159. APPLICATION OF OTHER LAW. Except as otherwise
223	223	provided by this subchapter and to the extent applicable, Title 4,
224	224	Family Code, applies to a protective order issued under this
225	225	subchapter.
226	226	SECTION 2. Chapter 18, Code of Criminal Procedure, is
227	227	amended by adding Article 18.192 to read as follows:
228	228	Art. 18.192. HOLDING AND DISPOSITION OF FIREARM
229	229	RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law
230	230	enforcement officer who takes possession of a firearm from a person
231	231	who is the subject of an extreme risk protective order issued under
232	232	Subchapter D, Chapter 7B, shall immediately provide the person a
233	233	written copy of the receipt for the firearm and a written notice of
234	234	the procedure for the return of a firearm under this article.
235	235	(b) Not later than the seventh day after the date a firearm
236	236	subject to disposition under this article is received, the law
237	237	enforcement agency holding the firearm shall notify the court that
238	238	issued the extreme risk protective order that the person who is the
239	239	subject of the order has relinquished the firearm.
240	240	(c) Not later than the 30th day after the date the extreme
241	241	risk protective order is rescinded or expires, the clerk of the
242	242	court shall notify the law enforcement agency of the rescission or
243	243	expiration.
244	244	(d) Not later than the 30th day after the date the law
245	245	enforcement agency holding a firearm subject to disposition under
246	246	this article receives the notice described by Subsection (c), the
247	247	law enforcement agency shall conduct a check of state and national
248	248	criminal history record information to verify whether the person
249	249	may lawfully possess a firearm under 18 U.S.C. Section 922(g) and
250	250	under the law of this state.
251	251	(e) If the check conducted under Subsection (d) verifies
252	252	that the person may lawfully possess a firearm, the law enforcement
253	253	agency shall provide to the person by certified mail written notice
254	254	stating that the firearm may be returned to the person if the person
255	255	submits a written request before the 121st day after the date of the
256	256	notice.
257	257	(f) An unclaimed firearm that is received under an extreme
258	258	risk protective order issued under Subchapter D, Chapter 7B, may
259	259	not be destroyed or forfeited to the state.
260	260	(g) The law enforcement agency holding the firearm may
261	261	provide for the firearm to be sold by a firearms dealer licensed
262	262	under 18 U.S.C. Section 923 if:
263	263	(1) the check conducted under Subsection (d) shows
264	264	that the person may not lawfully possess a firearm; or
265	265	(2) the notice is provided under Subsection (e) and
266	266	the person does not submit, before the 121st day after the date of
267	267	the notice, a written request for the return of the firearm.
268	268	(h) The proceeds from the sale of a firearm under this
269	269	article shall be paid to the owner of the seized firearm, less the
270	270	cost of administering this article with respect to the firearm.
271	271	(i) A law enforcement officer or other employee of a law
272	272	enforcement agency is subject to punishment for contempt of court
273	273	if the officer or employee violates this article with the intent to
274	274	withhold a firearm from a person who, at the time the violation
275	275	occurred:
276	276	(1) was the subject of an extreme risk protective
277	277	order that was rescinded or that expired; and
278	278	(2) may lawfully possess the firearm.
279	279	SECTION 3. Subchapter D, Chapter 411, Government Code, is
280	280	amended by adding Section 411.0522 to read as follows:
281	281	Sec. 411.0522. INFORMATION CONCERNING EXTREME RISK
282	282	PROTECTIVE ORDER. (a) The department by rule shall establish a
283	283	procedure to provide information concerning a person who is the
284	284	subject of an extreme risk protective order issued under Subchapter
285	285	D, Chapter 7B, Code of Criminal Procedure, to the Federal Bureau of
286	286	Investigation for inclusion in the National Instant Criminal
287	287	Background Check System.
288	288	(b) The procedure must require the department to provide any
289	289	information received under Article 7B.158, Code of Criminal
290	290	Procedure, to the Federal Bureau of Investigation not later than
291	291	the 30th day after the date the department received the
292	292	information.
293	293	SECTION 4. Section 411.172(a), Government Code, is amended
294	294	to read as follows:
295	295	(a) A person is eligible for a license to carry a handgun if
296	296	the person:
297	297	(1) is a legal resident of this state for the six-month
298	298	period preceding the date of application under this subchapter or
299	299	is otherwise eligible for a license under Section 411.173(a);
300	300	(2) is at least 21 years of age;
301	301	(3) has not been convicted of a felony;
302	302	(4) is not charged with the commission of a Class A or
303	303	Class B misdemeanor or equivalent offense, or of an offense under
304	304	Section 42.01, Penal Code, or equivalent offense, or of a felony
305	305	under an information or indictment;
306	306	(5) is not a fugitive from justice for a felony or a
307	307	Class A or Class B misdemeanor or equivalent offense;
308	308	(6) is not a chemically dependent person;
309	309	(7) is not incapable of exercising sound judgment with
310	310	respect to the proper use and storage of a handgun;
311	311	(8) has not, in the five years preceding the date of
312	312	application, been convicted of a Class A or Class B misdemeanor or
313	313	equivalent offense or of an offense under Section 42.01, Penal
314	314	Code, or equivalent offense;
315	315	(9) is fully qualified under applicable federal and
316	316	state law to purchase a handgun;
317	317	(10) has not been finally determined to be delinquent
318	318	in making a child support payment administered or collected by the
319	319	attorney general;
320	320	(11) has not been finally determined to be delinquent
321	321	in the payment of a tax or other money collected by the comptroller,
322	322	the tax collector of a political subdivision of the state, or any
323	323	agency or subdivision of the state;
324	324	(12) is not currently:
325	325	(A) restricted under a court protective order,
326	326	including an extreme risk protective order issued under Subchapter
327	327	D, Chapter 7B, Code of Criminal Procedure; or
328	328	(B) subject to a restraining order affecting the
329	329	spousal relationship, other than a restraining order solely
330	330	affecting property interests;
331	331	(13) has not, in the 10 years preceding the date of
332	332	application, been adjudicated as having engaged in delinquent
333	333	conduct violating a penal law of the grade of felony; and
334	334	(14) has not made any material misrepresentation, or
335	335	failed to disclose any material fact, in an application submitted
336	336	pursuant to Section 411.174.
337	337	SECTION 5. Sections 411.187(a) and (c), Government Code,
338	338	are amended to read as follows:
339	339	(a) The department shall suspend a license under this
340	340	section if the license holder:
341	341	(1) is charged with the commission of a Class A or
342	342	Class B misdemeanor or equivalent offense, or of an offense under
343	343	Section 42.01, Penal Code, or equivalent offense, or of a felony
344	344	under an information or indictment;
345	345	(2) fails to notify the department of a change of
346	346	address, name, or status as required by Section 411.181;
347	347	(3) commits an act of family violence and is the
348	348	subject of an active protective order rendered under Title 4,
349	349	Family Code; [or]
350	350	(4) is arrested for an offense involving family
351	351	violence or an offense under Section 42.072, Penal Code, and is the
352	352	subject of an order for emergency protection issued under Article
353	353	17.292, Code of Criminal Procedure; or
354	354	(5) is the subject of an active extreme risk
355	355	protective order issued under Subchapter D, Chapter 7B, Code of
356	356	Criminal Procedure.
357	357	(c) The department shall suspend a license under this
358	358	section:
359	359	(1) for 30 days, if the person's license is subject to
360	360	suspension for the [a] reason listed in Subsection (a)(2)[, (3), or
361	361	(4), except as provided by Subdivision (2)];
362	362	(2) [for not less than one year and not more than three
363	363	years, if the person's license:
364	364	[(A) is subject to suspension for a reason listed
365	365	in Subsection (a), other than the reason listed in Subsection
366	366	(a)(1); and
367	367	[(B) has been previously suspended for the same
368	368	reason;
369	369	[(3)] until dismissal of the charges, if the person's
370	370	license is subject to suspension for the reason listed in
371	371	Subsection (a)(1); or
372	372	(3) [(4)] for the duration of or the period specified
373	373	by:
374	374	(A) the protective order issued under Title 4,
375	375	Family Code, if the person's license is subject to suspension for
376	376	the reason listed in Subsection (a)(3) [(a)(5)]; [or]
377	377	(B) the order for emergency protection issued
378	378	under Article 17.292, Code of Criminal Procedure, if the person's
379	379	license is subject to suspension for the reason listed in
380	380	Subsection (a)(4); or
381	381	(C) the extreme risk protective order issued
382	382	under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the
383	383	person's license is subject to suspension for the reason listed in
384	384	Subsection (a)(5) [(a)(6)].
385	385	SECTION 6. Chapter 37, Penal Code, is amended by adding
386	386	Section 37.083 to read as follows:
387	387	Sec. 37.083. FALSE REPORT REGARDING REQUEST FOR EXTREME
388	388	RISK PROTECTIVE ORDER. (a) In this section, "prosecuting
389	389	attorney" means a district attorney, criminal district attorney, or
390	390	county attorney.
391	391	(b) A person commits an offense if, with intent to deceive,
392	392	the person knowingly makes to a prosecuting attorney or peace
393	393	officer a false statement relating to a request that a prosecuting
394	394	attorney file an application for an extreme risk protective order
395	395	under Subchapter D, Chapter 7B, Code of Criminal Procedure.
396	396	(c) An offense under this section is a Class B misdemeanor.
397	397	SECTION 7. Section 46.06(a), Penal Code, is amended to read
398	398	as follows:
399	399	(a) A person commits an offense if the person:
400	400	(1) sells, rents, leases, loans, or gives a handgun to
401	401	any person knowing that the person to whom the handgun is to be
402	402	delivered intends to use it unlawfully or in the commission of an
403	403	unlawful act;
404	404	(2) intentionally or knowingly sells, rents, leases,
405	405	or gives or offers to sell, rent, lease, or give to any child
406	406	younger than 18 years of age any firearm, club, or
407	407	location-restricted knife;
408	408	(3) intentionally, knowingly, or recklessly sells a
409	409	firearm or ammunition for a firearm to any person who is
410	410	intoxicated;
411	411	(4) knowingly sells a firearm or ammunition for a
412	412	firearm to any person who has been convicted of a felony before the
413	413	fifth anniversary of the later of the following dates:
414	414	(A) the person's release from confinement
415	415	following conviction of the felony; or
416	416	(B) the person's release from supervision under
417	417	community supervision, parole, or mandatory supervision following
418	418	conviction of the felony;
419	419	(5) sells, rents, leases, loans, or gives a handgun to
420	420	any person knowing that an active protective order is directed to
421	421	the person to whom the handgun is to be delivered;
422	422	(6) knowingly purchases, rents, leases, or receives as
423	423	a loan or gift from another a handgun while an active protective
424	424	order is directed to the actor; [or]
425	425	(7) while prohibited from possessing a firearm under
426	426	state or federal law, knowingly makes a material false statement on
427	427	a form that is:
428	428	(A) required by state or federal law for the
429	429	purchase, sale, or other transfer of a firearm; and
430	430	(B) submitted to a firearms dealer licensed under
431	431	18 U.S.C. Section 923; or
432	432	(8) sells, rents, leases, loans, or gives a firearm to
433	433	any person knowing that an active extreme risk protective order
434	434	under Subchapter D, Chapter 7B, Code of Criminal Procedure, is
435	435	directed to the person to whom the firearm is to be delivered.
436	436	SECTION 8. Section 46.06, Penal Code, as amended by this
437	437	Act, applies only to an offense committed on or after the effective
438	438	date of this Act. An offense committed before the effective date of
439	439	this Act is governed by the law in effect on the date the offense was
440	440	committed, and the former law is continued in effect for that
441	441	purpose. For purposes of this section, an offense was committed
442	442	before the effective date of this Act if any element of the offense
443	443	occurred before that date.
444	444	SECTION 9. Not later than October 1, 2025, the Department of
445	445	Public Safety shall adopt rules as required by Section 411.0522,
446	446	Government Code, as added by this Act.
447	447	SECTION 10. To the extent of any conflict, this Act prevails
448	448	over another Act of the 89th Legislature, Regular Session, 2025,
449	449	relating to nonsubstantive additions to and corrections in enacted
450	450	codes.
451	451	SECTION 11. This Act takes effect September 1, 2025.