Bill Text: TX HB1894 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to prohibiting the recognition and enforcement of extreme risk protective orders; creating a criminal offense.
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Introduced - Dead) 2023-04-27 - Failed to receive affirmative vote in comm. [HB1894 Detail]
Download: Texas-2023-HB1894-Introduced.html
| 88R1280 TSS-D | ||
| By: Cain | H.B. No. 1894 | |
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| relating to prohibiting the recognition 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 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 | ||
| constituting an offense engaged in by 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 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 enforces or attempts to 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. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
