Texas 2025 - 89th Regular

Texas Senate Bill SB2305 Compare Versions

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

Old	New	Differences
1	1	89R1410 JSC-D
2	2	By: Johnson S.B. No. 2305
3	3
4	4
5	5
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	Art. 7B.152. APPLICATION FOR EXTREME RISK PROTECTIVE ORDER.
23	23	(a) An application for a protective order under this subchapter may
24	24	be filed by:
25	25	(1) a member of the respondent's family or household;
26	26	(2) a parent, guardian, or conservator of a person who
27	27	is:
28	28	(A) under 18 years of age; and
29	29	(B) a member of the respondent's family or
30	30	household; or
31	31	(3) a peace officer.
32	32	(b) An application must:
33	33	(1) include:
34	34	(A) detailed allegations, based on personal
35	35	knowledge of a person described by Subsection (a), regarding any
36	36	dangerous behavior or conduct exhibited by the respondent,
37	37	including any behavior or conduct related to the respondent's use
38	38	of firearms;
39	39	(B) information concerning the quantity, type,
40	40	and location of any firearms the applicant believes to be in the
41	41	respondent's possession or control, if any;
42	42	(C) any other relevant facts indicating a need
43	43	for a protective order under this subchapter; and
44	44	(D) a statement that the applicant believes the
45	45	respondent poses an immediate and present danger of causing bodily
46	46	injury, serious bodily injury, or death to any person, including
47	47	the respondent, as a result of the respondent's access to firearms;
48	48	and
49	49	(2) be signed by the applicant under an oath that, to
50	50	the knowledge and belief of the applicant, the facts and
51	51	circumstances contained in the application are true.
52	52	(c) An application for a protective order under this
53	53	subchapter may be filed in a district court, juvenile court having
54	54	the jurisdiction of a district court, statutory county court, or
55	55	constitutional county court in the county in which the applicant or
56	56	the respondent resides.
57	57	Art. 7B.153. CONFIDENTIALITY OF CERTAIN INFORMATION. On
58	58	receiving an application containing specific health information
59	59	concerning the respondent, the court shall order the clerk to:
60	60	(1) strike the information from the public records of
61	61	the court; and
62	62	(2) maintain a confidential record of the information
63	63	for use only by the court.
64	64	Art. 7B.154. TEMPORARY EX PARTE ORDER. (a) If the court
65	65	finds from the information contained in an application for a
66	66	protective order under this subchapter that there is reasonable
67	67	cause to believe that the respondent poses an immediate and present
68	68	danger of causing bodily injury, serious bodily injury, or death to
69	69	any person, including the respondent, as a result of the
70	70	respondent's access to firearms, the court, without further notice
71	71	to the respondent and without a hearing, may issue a temporary ex
72	72	parte order prohibiting the respondent from purchasing, owning,
73	73	possessing, or controlling a firearm.
74	74	(b) In a temporary ex parte order, the court may order the
75	75	respondent to:
76	76	(1) not later than 24 hours after the time the order is
77	77	issued, relinquish any firearms owned by or in the actual or
78	78	constructive possession or control of the respondent to a law
79	79	enforcement agency for holding in the manner provided by Article
80	80	18.192; and
81	81	(2) if applicable, surrender to the court the
82	82	respondent's license to carry a handgun issued under Subchapter H,
83	83	Chapter 411, Government Code.
84	84	Art. 7B.155. HEARING; ISSUANCE OF PROTECTIVE ORDER. (a)
85	85	Not later than the 14th day after the later of the date an
86	86	application is filed or the date a temporary ex parte order is
87	87	issued, the court shall hold a hearing on the issuance of the
88	88	protective order.
89	89	(b) The court shall provide personal notice of the hearing
90	90	to the respondent.
91	91	(c) In determining whether to issue a protective order under
92	92	this article, the court:
93	93	(1) shall consider:
94	94	(A) any history of threats or acts of violence by
95	95	the respondent directed at any person, including the respondent;
96	96	(B) any history of the respondent using,
97	97	attempting to use, or threatening to use physical force against
98	98	another person;
99	99	(C) any recent violation by the respondent of an
100	100	order issued:
101	101	(i) under another provision of this chapter
102	102	or under Article 17.292;
103	103	(ii) under Section 6.504 or Chapter 85,
104	104	Family Code;
105	105	(iii) under Chapter 83, Family Code, if the
106	106	temporary ex parte order has been served on the respondent; or
107	107	(iv) by another jurisdiction as provided by
108	108	Chapter 88, Family Code;
109	109	(D) any arrest or conviction of the respondent
110	110	for:
111	111	(i) an offense under Section 42.072, Penal
112	112	Code; or
113	113	(ii) an offense involving violence,
114	114	including family violence;
115	115	(E) any conviction of the respondent for an
116	116	offense under Section 42.09, 42.091, or 42.092, Penal Code; and
117	117	(F) evidence related to the respondent's current
118	118	or recent abuse of a controlled substance or alcohol, not including
119	119	any evidence of previous treatment for or recovery from abusing a
120	120	controlled substance or alcohol; and
121	121	(2) may consider any other relevant factor including:
122	122	(A) any previous violation by the respondent of
123	123	an order described by Subdivision (1)(C); and
124	124	(B) evidence regarding the respondent's recent
125	125	acquisition of firearms, ammunition, or other deadly weapons.
126	126	(d) At the close of the hearing, if the court finds by clear
127	127	and convincing evidence that the respondent poses an immediate and
128	128	present danger of causing bodily injury, serious bodily injury, or
129	129	death to any person, including the respondent, as a result of the
130	130	respondent's access to firearms, the court shall issue a protective
131	131	order that includes a statement of the required finding.
132	132	(e) If the court does not make the finding described by
133	133	Subsection (d), the court shall, as applicable, rescind any
134	134	temporary ex parte order issued under Article 7B.154 and return the
135	135	respondent's license to carry a handgun.
136	136	Art. 7B.156. CONTENTS OF PROTECTIVE ORDER. In a protective
137	137	order issued under Article 7B.155, the court shall:
138	138	(1) prohibit the person who is subject to the order
139	139	from purchasing, owning, possessing, or controlling a firearm for
140	140	the duration of the order;
141	141	(2) order the person to:
142	142	(A) not later than 24 hours after the time the
143	143	order is issued, relinquish any firearms owned by or in the actual
144	144	or constructive possession or control of the person to a law
145	145	enforcement agency for holding in the manner provided by Article
146	146	18.192; and
147	147	(B) if applicable, surrender to the court the
148	148	person's license to carry a handgun issued under Subchapter H,
149	149	Chapter 411, Government Code; and
150	150	(3) suspend a license to carry a handgun issued under
151	151	Subchapter H, Chapter 411, Government Code, that is held by the
152	152	person.
153	153	Art. 7B.157. DURATION OF PROTECTIVE ORDER. (a) A
154	154	protective order issued under Article 7B.155 is effective until the
155	155	first anniversary of the date the order was issued.
156	156	(b) The court may renew a protective order issued under
157	157	Article 7B.155 for a period not to exceed one year after the order's
158	158	original expiration date. Before renewing the order the court must
159	159	hold a hearing after providing personal notice of the hearing to the
160	160	person who is the subject of the order.
161	161	(c) A person who is the subject of a protective order may
162	162	file a motion not earlier than the 91st day after the date on which
163	163	the order was initially issued or renewed, as applicable,
164	164	requesting that the court review the order and determine whether
165	165	there is a continuing need for the order. After a hearing on the
166	166	motion, if the court fails to make the finding that there is no
167	167	continuing need for the order, the order remains in effect until the
168	168	date the order expires as provided by this article.
169	169	(d) At a hearing to renew or rescind a protective order
170	170	under this article, the court shall consider the factors described
171	171	by Article 7B.155(c).
172	172	Art. 7B.158. NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a)
173	173	Not later than 24 hours after the time a protective order is issued
174	174	under Article 7B.155, the clerk of the issuing court shall provide
175	175	the following to the Department of Public Safety:
176	176	(1) the complete name, race, and sex of the person who
177	177	is the subject of the order;
178	178	(2) any known identifying number of the person,
179	179	including a social security number, driver's license number, or
180	180	state identification number;
181	181	(3) the person's date of birth;
182	182	(4) if surrendered to the court, the person's license
183	183	to carry a handgun issued under Subchapter H, Chapter 411,
184	184	Government Code; and
185	185	(5) a copy of the order suspending the person's license
186	186	to carry a handgun under Subchapter H, Chapter 411, Government
187	187	Code.
188	188	(b) On receipt of an order suspending a license to carry a
189	189	handgun, the Department of Public Safety shall:
190	190	(1) record the suspension of the license in the
191	191	records of the department;
192	192	(2) report the suspension to local law enforcement
193	193	agencies, as appropriate; and
194	194	(3) if the license was not surrendered to the court,
195	195	demand surrender of the suspended license from the license holder.
196	196	(c) Not later than the 30th day after the date the
197	197	protective order is rescinded or expires under Article 7B.157, the
198	198	clerk of the issuing court shall notify the Department of Public
199	199	Safety of the rescission or expiration, as applicable.
200	200	Art. 7B.159. APPLICATION OF OTHER LAW. Except as otherwise
201	201	provided by this subchapter and to the extent applicable, Title 4,
202	202	Family Code, applies to a protective order issued under this
203	203	subchapter.
204	204	SECTION 2. Chapter 18, Code of Criminal Procedure, is
205	205	amended by adding Article 18.192 to read as follows:
206	206	Art. 18.192. HOLDING AND DISPOSITION OF FIREARM
207	207	RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law
208	208	enforcement officer who takes possession of a firearm from a person
209	209	who is the subject of an extreme risk protective order issued under
210	210	Subchapter D, Chapter 7B, shall immediately provide the person with
211	211	a written copy of the receipt for the firearm and a written notice
212	212	of the procedure for the return of a firearm under this article.
213	213	(b) Not later than the seventh day after the date a firearm
214	214	subject to disposition under this article is received, the law
215	215	enforcement agency holding the firearm shall notify the court that
216	216	issued the extreme risk protective order that the person who is the
217	217	subject of the order has relinquished the firearm.
218	218	(c) Not later than the 30th day after the date the extreme
219	219	risk protective order is rescinded or expires, the clerk of the
220	220	court shall notify the law enforcement agency of the rescission or
221	221	expiration.
222	222	(d) Not later than the 30th day after the date the law
223	223	enforcement agency holding a firearm subject to disposition under
224	224	this article receives the notice described by Subsection (c), the
225	225	law enforcement agency shall conduct a check of state and national
226	226	criminal history record information to verify whether the person
227	227	may lawfully possess a firearm under 18 U.S.C. Section 922(g) and
228	228	under the law of this state.
229	229	(e) If the check conducted under Subsection (d) verifies
230	230	that the person may lawfully possess a firearm, the law enforcement
231	231	agency shall provide to the person by certified mail written notice
232	232	stating that the firearm may be returned to the person if the person
233	233	submits a written request before the 121st day after the date of the
234	234	notice.
235	235	(f) An unclaimed firearm that is received under an extreme
236	236	risk protective order issued under Subchapter D, Chapter 7B, may
237	237	not be destroyed or forfeited to the state.
238	238	(g) The law enforcement agency holding the firearm may
239	239	provide for the firearm to be sold by a firearms dealer licensed
240	240	under 18 U.S.C. Section 923 if:
241	241	(1) the check conducted under Subsection (d) shows
242	242	that the person may not lawfully possess a firearm; or
243	243	(2) the notice is provided under Subsection (e) and
244	244	the person does not submit, before the 121st day after the date of
245	245	the notice, a written request for the return of the firearm.
246	246	(h) The proceeds from the sale of a firearm under this
247	247	article shall be paid to the owner of the seized firearm, less the
248	248	cost of administering this article with respect to the firearm.
249	249	SECTION 3. Subchapter D, Chapter 411, Government Code, is
250	250	amended by adding Section 411.0522 to read as follows:
251	251	Sec. 411.0522. INFORMATION CONCERNING EXTREME RISK
252	252	PROTECTIVE ORDER. (a) The department by rule shall establish a
253	253	procedure to provide information concerning a person who is the
254	254	subject of an extreme risk protective order issued under Subchapter
255	255	D, Chapter 7B, Code of Criminal Procedure, to the Federal Bureau of
256	256	Investigation for inclusion in the National Instant Criminal
257	257	Background Check System.
258	258	(b) The procedure must require the department to provide any
259	259	information received under Article 7B.158, Code of Criminal
260	260	Procedure, to the Federal Bureau of Investigation not later than 24
261	261	hours after the time the department received the information.
262	262	SECTION 4. Section 411.172(a), Government Code, is amended
263	263	to read as follows:
264	264	(a) A person is eligible for a license to carry a handgun if
265	265	the person:
266	266	(1) is a legal resident of this state for the six-month
267	267	period preceding the date of application under this subchapter or
268	268	is otherwise eligible for a license under Section 411.173(a);
269	269	(2) is at least 21 years of age;
270	270	(3) has not been convicted of a felony;
271	271	(4) is not charged with the commission of a Class A or
272	272	Class B misdemeanor or equivalent offense, or of an offense under
273	273	Section 42.01, Penal Code, or equivalent offense, or of a felony
274	274	under an information or indictment;
275	275	(5) is not a fugitive from justice for a felony or a
276	276	Class A or Class B misdemeanor or equivalent offense;
277	277	(6) is not a chemically dependent person;
278	278	(7) is not incapable of exercising sound judgment with
279	279	respect to the proper use and storage of a handgun;
280	280	(8) has not, in the five years preceding the date of
281	281	application, been convicted of a Class A or Class B misdemeanor or
282	282	equivalent offense or of an offense under Section 42.01, Penal
283	283	Code, or equivalent offense;
284	284	(9) is fully qualified under applicable federal and
285	285	state law to purchase a handgun;
286	286	(10) has not been finally determined to be delinquent
287	287	in making a child support payment administered or collected by the
288	288	attorney general;
289	289	(11) has not been finally determined to be delinquent
290	290	in the payment of a tax or other money collected by the comptroller,
291	291	the tax collector of a political subdivision of the state, or any
292	292	agency or subdivision of the state;
293	293	(12) is not currently:
294	294	(A) restricted under a court protective order,
295	295	including an extreme risk protective order issued under Subchapter
296	296	D, Chapter 7B, Code of Criminal Procedure; or
297	297	(B) subject to a restraining order affecting the
298	298	spousal relationship, other than a restraining order solely
299	299	affecting property interests;
300	300	(13) has not, in the 10 years preceding the date of
301	301	application, been adjudicated as having engaged in delinquent
302	302	conduct violating a penal law of the grade of felony; and
303	303	(14) has not made any material misrepresentation, or
304	304	failed to disclose any material fact, in an application submitted
305	305	pursuant to Section 411.174.
306	306	SECTION 5. Sections 411.187(a) and (c), Government Code,
307	307	are amended to read as follows:
308	308	(a) The department shall suspend a license under this
309	309	section if the license holder:
310	310	(1) is charged with the commission of a Class A or
311	311	Class B misdemeanor or equivalent offense, or of an offense under
312	312	Section 42.01, Penal Code, or equivalent offense, or of a felony
313	313	under an information or indictment;
314	314	(2) fails to notify the department of a change of
315	315	address, name, or status as required by Section 411.181;
316	316	(3) commits an act of family violence and is the
317	317	subject of an active protective order rendered under Title 4,
318	318	Family Code; [or]
319	319	(4) is arrested for an offense involving family
320	320	violence or an offense under Section 42.072, Penal Code, and is the
321	321	subject of an order for emergency protection issued under Article
322	322	17.292, Code of Criminal Procedure; or
323	323	(5) is the subject of an active protective order
324	324	issued under Subchapter D, Chapter 7B, Code of Criminal Procedure.
325	325	(c) The department shall suspend a license under this
326	326	section:
327	327	(1) for 30 days, if the person's license is subject to
328	328	suspension for the [a] reason listed in Subsection (a)(2)[, (3), or
329	329	(4), except as provided by Subdivision (2)];
330	330	(2) [for not less than one year and not more than three
331	331	years, if the person's license:
332	332	[(A) is subject to suspension for a reason listed
333	333	in Subsection (a), other than the reason listed in Subsection
334	334	(a)(1); and
335	335	[(B) has been previously suspended for the same
336	336	reason;
337	337	[(3)] until dismissal of the charges, if the person's
338	338	license is subject to suspension for the reason listed in
339	339	Subsection (a)(1); or
340	340	(3) [(4)] for the duration of or the period specified
341	341	by:
342	342	(A) the protective order issued under Title 4,
343	343	Family Code, if the person's license is subject to suspension for
344	344	the reason listed in Subsection (a)(3) [(a)(5)]; [or]
345	345	(B) the order for emergency protection issued
346	346	under Article 17.292, Code of Criminal Procedure, if the person's
347	347	license is subject to suspension for the reason listed in
348	348	Subsection (a)(4); or
349	349	(C) the extreme risk protective order issued
350	350	under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the
351	351	person's license is subject to suspension for the reason listed in
352	352	Subsection (a)(5) [(a)(6)].
353	353	SECTION 6. Chapter 37, Penal Code, is amended by adding
354	354	Section 37.083 to read as follows:
355	355	Sec. 37.083. FALSE REPORT REGARDING REQUEST FOR EXTREME
356	356	RISK PROTECTIVE ORDER. (a) A person commits an offense if, with
357	357	intent to deceive, the person makes a statement that the person
358	358	knows to be false to a peace officer relating to a request that the
359	359	officer file an application for an extreme risk protective order
360	360	under Subchapter D, Chapter 7B, Code of Criminal Procedure.
361	361	(b) An offense under this section is a Class B misdemeanor.
362	362	(c) If conduct that constitutes an offense under this
363	363	section also constitutes an offense under another law, the actor
364	364	may be prosecuted under this section, the other law, or both.
365	365	SECTION 7. Section 46.04, Penal Code, is amended by adding
366	366	Subsection (c-1) and amending Subsection (e) to read as follows:
367	367	(c-1) A person commits an offense if, after receiving notice
368	368	that the person is subject to an extreme risk protective order
369	369	issued under Subchapter D, Chapter 7B, Code of Criminal Procedure,
370	370	and before rescission or expiration of the order, the person
371	371	purchases, owns, possesses, or controls a firearm in violation of
372	372	the order.
373	373	(e) An offense under Subsection (a) is a felony of the third
374	374	degree. An offense under Subsection (a-1), (b), [or] (c), or (c-1)
375	375	is a Class A misdemeanor.
376	376	SECTION 8. Not later than October 1, 2025, the Department of
377	377	Public Safety shall adopt rules as required by Section 411.0522,
378	378	Government Code, as added by this Act.
379	379	SECTION 9. To the extent of any conflict, this Act prevails
380	380	over another Act of the 89th Legislature, Regular Session, 2025,
381	381	relating to nonsubstantive additions to and corrections in enacted
382	382	codes.
383	383	SECTION 10. This Act takes effect September 1, 2025.