SB1362 - Relating to prohibiting the recognition, service, and enforcement of extreme risk protective orders; creating a criminal offense.

      S.B. No. 1362         AN ACT   relating to prohibiting the recognition, service, and enforcement   of extreme risk protective orders; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the "Anti-Red Flag   Act."          SECTION 2.  Title 1, Code of Criminal Procedure, is amended   by adding Chapter 7C to read as follows:   CHAPTER 7C.   PROHIBITION ON RECOGNITION, SERVICE, AND ENFORCEMENT   OF EXTREME RISK PROTECTIVE ORDERS           Art. 7C.001.  DEFINITIONS. In this chapter:                 (1)     "Extreme risk protective order" means a written   order, warrant, or executive order issued by a court or signed by a   magistrate or other court officer that:                       (A)     has the primary purpose of reducing the risk   of death or injury related to a firearm by:                             (i)     prohibiting a person from owning,   possessing, or receiving a firearm; or                             (ii)     requiring a person to surrender a   firearm or otherwise removing a firearm from a person; and                       (B)     is not issued on the basis of conduct that   resulted in a criminal charge for the person who is the subject of   the order.                 (2)     "Firearm" has the meaning assigned by Section   46.01, Penal Code.           Art.   7C.002.     LOCAL REGULATION PROHIBITED. (a)   This   article applies to:                 (1)     the State of Texas, including an agency,   department, commission, bureau, board, office, council, court, or   other entity that is in any branch of state government and that is   created by the constitution or a statute of this state, including a   university system or a system of higher education;                 (2)     the governing body of a municipality, county, or   special district or authority;                 (3)     an officer, employee, or other body that is part of   a municipality, county, or special district or authority, including   a sheriff, municipal police department, municipal attorney, or   county attorney; and                 (4)  a district attorney or criminal district attorney.           (b)     An entity described by Subsection (a) may not adopt or   enforce a rule, ordinance, order, policy, or other similar measure   relating to an extreme risk protective order unless state law   specifically authorizes the adoption and enforcement of such a   rule, ordinance, order, policy, or measure.           Art.   7C.003.     CERTAIN FEDERAL LAWS UNENFORCEABLE. A federal   statute, order, rule, or regulation purporting to implement or   enforce an extreme risk protective order against a person in this   state that infringes on the person's right of due process, keeping   and bearing arms, or free speech protected by the United States   Constitution or the Texas Constitution is unenforceable as against   the public policy of this state and shall have no effect.           Art.   7C.004.     ACCEPTING CERTAIN FEDERAL GRANTS PROHIBITED.   An entity described by Article 7C.002(a) may not accept federal   grant funds for the implementation, service, or enforcement of a   federal statute, order, rule, or regulation purporting to implement   or enforce an extreme risk protective order against a person in this   state.           Art.   7C.005.     OFFENSE. (a)   A person commits an offense if   the person serves or enforces or attempts to serve or enforce an   extreme risk protective order against a person in this state,   unless the order was issued under the laws of this state.           (b)  An offense under this article is a state jail felony.           Art.   7C.006.     INAPPLICABILITY. This chapter does not apply   to a protective order issued under the Family Code or the Code of   Criminal Procedure or to a protective order issued under the laws of   another state that is recognized or enforceable under the Family   Code or the Code of Criminal Procedure.          SECTION 3.  This Act takes effect September 1, 2025.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1362 passed the Senate on   March 27, 2025, by the following vote: Yeas 19, Nays 11; and that   the Senate concurred in House amendment on May 30, 2025, by the   following vote: Yeas 20, Nays 11.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1362 passed the House, with   amendment, on May 28, 2025, by the following vote: Yeas 86,   Nays 53, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor