Bill > HB234

This bill creates a new legal mechanism in Texas called an "extreme risk protective order" (ERPO) designed to temporarily remove firearms from individuals who are deemed to pose an immediate danger to themselves or others due to serious mental illness. The bill allows family members, guardians, parents, or peace officers to file an application for such an order, which must include detailed allegations about the person's dangerous behavior, medical information, and information about their firearms. If a court finds reasonable cause, it can issue a temporary ex parte order requiring the individual to surrender their firearms within 24 hours and potentially surrender their handgun license. The protective order can last up to one year and can be renewed, with the court considering factors such as mental health history, violent behavior, substance abuse, and previous violations of protective orders. The bill also creates criminal offenses for individuals who violate these protective orders or who make false reports about requesting an ERPO. Additionally, the bill requires the Department of Public Safety to report information about individuals subject to these orders to federal background check systems and modifies existing laws regarding handgun licenses to include restrictions for those under an extreme risk protective order. The goal of the bill is to provide a legal tool to prevent potential gun violence by temporarily removing firearms from individuals experiencing serious mental health crises.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB234