Bill > HB893

This bill establishes a legal framework for extreme risk protective orders (ERPOs) in Texas, which are designed to temporarily remove firearms from individuals deemed to pose an immediate danger to themselves or others due to serious mental illness. The bill allows family members, guardians, or prosecuting attorneys to file an application for an ERPO, which must include detailed allegations about the person's dangerous behavior, mental health information, and firearms possession. If the court finds clear and convincing evidence of an immediate risk, it can issue a protective order requiring the individual to relinquish firearms, surrender their handgun license, and potentially receive mental health services. The order lasts up to one year and can be renewed. The bill also creates new criminal offenses, such as making false reports about requesting an ERPO, and makes it illegal to sell or transfer firearms to someone subject to an ERPO. Additionally, the bill requires the Department of Public Safety to report ERPO information to federal background check systems and mandates specific procedures for law enforcement agencies holding relinquished firearms, including conducting background checks before potential return and providing options for selling the firearms if the person cannot legally possess them.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB893