Bill
Bill > HB3057
summary
Introduced
02/28/2023
02/28/2023
In Committee
03/14/2023
03/14/2023
Crossed Over
Passed
Dead
05/29/2023
05/29/2023
Introduced Session
88th Legislature Regular Session
Bill Summary
Relating to extreme risk protective orders; creating criminal offenses.
AI Summary
This bill creates an "extreme risk protective order" process in Texas. Key provisions include:
- Allowing certain individuals, such as family members or law enforcement, to petition a court for an order if they believe the respondent poses an immediate danger due to serious mental illness and access to firearms. The court can then issue a temporary ex parte order prohibiting the respondent from possessing firearms.
- Requiring a hearing within 14 days, where the court considers factors like the respondent's mental health history and past threats or violence, to determine whether to issue a longer-term protective order. This order prohibits the respondent from purchasing, owning, or controlling firearms for up to one year.
- Establishing procedures for the surrender and eventual return or sale of any firearms the respondent is required to relinquish under the order.
- Requiring the Department of Public Safety to report information about the protective order to the federal background check system.
- Creating a new criminal offense for falsely reporting a request for an extreme risk protective order.
The bill aims to provide a legal mechanism for temporarily restricting firearm access by individuals who may pose a serious risk of harm to themselves or others due to mental illness.
Committee Categories
Military Affairs and Security
Sponsors (1)
Last Action
Referred to Community Safety, Select (on 03/14/2023)
Bill Topics
Health
- ‐ Mental Illness, Mental Retardation, and Deinstitutionalization
Law, Crime, and Family Issues
- ‐ Criminal and Juvenile Delinquent Prosecution, Procedure, and Sentencing
- ‐ Firearms and Gun Control
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB3057 | 02/28/2023 |
| BillText | https://capitol.texas.gov/tlodocs/88R/billtext/html/HB03057I.htm | 02/28/2023 |
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