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Bill > HB478


TX HB478

TX HB478
Relating to extreme risk protective orders; creating criminal offenses.


summary

Introduced
11/12/2024
In Committee
02/28/2025
Crossed Over
Passed
Dead
06/02/2025

Introduced Session

89th Legislature Regular Session

Bill Summary

AN ACT relating to extreme risk protective orders; creating criminal offenses.

AI Summary

This bill creates a new legal mechanism in Texas called an "extreme risk protective order" (ERPO) that allows family members, guardians, or law enforcement to petition a court to temporarily remove firearms from an individual who is deemed to pose an immediate danger to themselves or others. The bill establishes a detailed process where an applicant must provide specific allegations about the person's dangerous behavior, and if the court finds reasonable cause, it can issue a temporary ex parte order requiring the individual to surrender their firearms within 24 hours. The protective order can last up to one year and can be renewed, during which the individual is prohibited from purchasing, owning, or possessing firearms. The bill also creates criminal penalties for individuals who violate the order or who knowingly make false reports to obtain an ERPO. Additionally, the bill requires the Department of Public Safety to report information about individuals subject to these orders to the federal background check system and modifies existing laws regarding handgun licenses to include these protective orders as a disqualifying factor. The goal of the bill appears to be providing a legal tool to temporarily prevent potentially dangerous individuals from accessing firearms, with safeguards to protect individual rights through court hearings and procedures for firearm return.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to Criminal Jurisprudence (on 02/28/2025)

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