| 4 | 7 | | |
|---|
| 5 | 8 | | |
|---|
| 6 | 9 | | A BILL TO BE ENTITLED |
|---|
| 7 | 10 | | AN ACT |
|---|
| 8 | 11 | | relating to prohibiting the recognition, service, and enforcement |
|---|
| 9 | 12 | | of extreme risk protective orders; creating a criminal offense. |
|---|
| 10 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 14 | | SECTION 1. This Act shall be known as the "Anti-Red Flag |
|---|
| 12 | 15 | | Act." |
|---|
| 13 | 16 | | SECTION 2. Title 1, Code of Criminal Procedure, is amended |
|---|
| 14 | 17 | | by adding Chapter 7C to read as follows: |
|---|
| 15 | 18 | | CHAPTER 7C. PROHIBITION ON RECOGNITION, SERVICE, AND ENFORCEMENT |
|---|
| 16 | 19 | | OF EXTREME RISK PROTECTIVE ORDERS |
|---|
| 17 | 20 | | Art. 7C.001. DEFINITIONS. In this chapter: |
|---|
| 18 | 21 | | (1) "Extreme risk protective order" means a written |
|---|
| 19 | 22 | | order, warrant, or executive order issued by a court or signed by a |
|---|
| 20 | 23 | | magistrate or other court officer that: |
|---|
| 21 | 24 | | (A) has the primary purpose of reducing the risk |
|---|
| 22 | 25 | | of death or injury related to a firearm by: |
|---|
| 23 | 26 | | (i) prohibiting a person from owning, |
|---|
| 24 | 27 | | possessing, or receiving a firearm; or |
|---|
| 25 | 28 | | (ii) requiring a person to surrender a |
|---|
| 26 | 29 | | firearm or otherwise removing a firearm from a person; and |
|---|
| 27 | 30 | | (B) is not issued on the basis of conduct that |
|---|
| 28 | 31 | | resulted in a criminal charge for the person who is the subject of |
|---|
| 29 | 32 | | the order. |
|---|
| 30 | 33 | | (2) "Firearm" has the meaning assigned by Section |
|---|
| 31 | 34 | | 46.01, Penal Code. |
|---|
| 32 | 35 | | Art. 7C.002. LOCAL REGULATION PROHIBITED. (a) This |
|---|
| 33 | 36 | | article applies to: |
|---|
| 34 | 37 | | (1) the State of Texas, including an agency, |
|---|
| 35 | 38 | | department, commission, bureau, board, office, council, court, or |
|---|
| 36 | 39 | | other entity that is in any branch of state government and that is |
|---|
| 37 | 40 | | created by the constitution or a statute of this state, including a |
|---|
| 38 | 41 | | university system or a system of higher education; |
|---|
| 39 | 42 | | (2) the governing body of a municipality, county, or |
|---|
| 40 | 43 | | special district or authority; |
|---|
| 41 | 44 | | (3) an officer, employee, or other body that is part of |
|---|
| 42 | 45 | | a municipality, county, or special district or authority, including |
|---|
| 43 | 46 | | a sheriff, municipal police department, municipal attorney, or |
|---|
| 44 | 47 | | county attorney; and |
|---|
| 45 | 48 | | (4) a district attorney or criminal district attorney. |
|---|
| 46 | 49 | | (b) An entity described by Subsection (a) may not adopt or |
|---|
| 47 | 50 | | enforce a rule, ordinance, order, policy, or other similar measure |
|---|
| 48 | 51 | | relating to an extreme risk protective order unless state law |
|---|
| 49 | 52 | | specifically authorizes the adoption and enforcement of such a |
|---|
| 50 | 53 | | rule, ordinance, order, policy, or measure. |
|---|
| 51 | 54 | | Art. 7C.003. CERTAIN FEDERAL LAWS UNENFORCEABLE. A federal |
|---|
| 52 | 55 | | statute, order, rule, or regulation purporting to implement or |
|---|
| 53 | 56 | | enforce an extreme risk protective order against a person in this |
|---|
| 54 | 57 | | state that infringes on the person's right of due process, keeping |
|---|
| 55 | 58 | | and bearing arms, or free speech protected by the United States |
|---|
| 56 | 59 | | Constitution or the Texas Constitution is unenforceable as against |
|---|
| 57 | 60 | | the public policy of this state and shall have no effect. |
|---|
| 58 | 61 | | Art. 7C.004. ACCEPTING CERTAIN FEDERAL GRANTS PROHIBITED. |
|---|
| 59 | 62 | | An entity described by Article 7C.002(a) may not accept federal |
|---|
| 60 | 63 | | grant funds for the implementation, service, or enforcement of a |
|---|
| 61 | 64 | | federal statute, order, rule, or regulation purporting to implement |
|---|
| 62 | 65 | | or enforce an extreme risk protective order against a person in this |
|---|
| 63 | 66 | | state. |
|---|
| 64 | 67 | | Art. 7C.005. OFFENSE. (a) A person commits an offense if |
|---|
| 65 | 68 | | the person serves or enforces or attempts to serve or enforce an |
|---|
| 66 | 69 | | extreme risk protective order against a person in this state, |
|---|
| 67 | 70 | | unless the order was issued under the laws of this state. |
|---|
| 68 | 71 | | (b) An offense under this article is a state jail felony. |
|---|
| 69 | 72 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|