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Bill > SB1362
TX SB1362
TX SB1362Relating to prohibiting the recognition, service, and enforcement of extreme risk protective orders; creating a criminal offense.
summary
Introduced
02/18/2025
02/18/2025
In Committee
05/12/2025
05/12/2025
Crossed Over
03/27/2025
03/27/2025
Passed
06/22/2025
06/22/2025
Dead
Signed/Enacted/Adopted
06/22/2025
06/22/2025
Introduced Session
89th Legislature Regular Session
Bill Summary
AN ACT relating to prohibiting the recognition, service, and enforcement of extreme risk protective orders; creating a criminal offense.
AI Summary
This bill, known as the "Anti-Red Flag Act," prohibits state and local entities in Texas from recognizing, serving, or enforcing what it defines as "extreme risk protective orders" (ERPOs), which are court orders designed to temporarily remove firearms from individuals deemed to pose a potential risk. The bill creates a new criminal offense, making it a state jail felony for any government entity or official to serve or attempt to enforce such an order unless it was issued under Texas state law. Additionally, the bill bars state and local entities from accepting federal grant funds related to implementing ERPOs and declares any federal statutes or regulations regarding such orders unenforceable if they are perceived to infringe on constitutional rights like due process, the right to bear arms, or free speech. The bill specifically defines an ERPO as a written order aimed at reducing firearm-related death or injury risks by prohibiting firearm possession or requiring firearm surrender, but explicitly excludes protective orders issued under the Family Code or existing state criminal procedures. The legislation will take effect on September 1, 2025, and represents a significant legislative effort to limit the implementation of what are commonly known as "red flag" laws at the state level.
Committee Categories
Government Affairs, Justice
Sponsors (52)
Cole Hefner (R)*,
Bryan Hughes (R)*,
Will Metcalf (R)*,
Jared Patterson (R)*,
Daniel Alders (R),
Trent Ashby (R),
Cecil Bell (R),
Ben Bumgarner (R),
David Cook (R),
Charles Cunningham (R),
Mark Dorazio (R),
James Frank (R),
Gary Gates (R),
Stan Gerdes (R),
Ryan Guillen (R),
Cody Harris (R),
Caroline Harris Davila (R),
Brian Harrison (R),
Richard Hayes (R),
Hillary Hickland (R),
Andy Hopper (R),
Carrie Isaac (R),
Helen Kerwin (R),
Stan Kitzman (R),
Marc LaHood (R),
Terri Leo-Wilson (R),
Mitch Little (R),
A.J. Louderback (R),
David Lowe (R),
Shelley Luther (R),
Don McLaughlin (R),
John McQueeney (R),
Brent Money (R),
Matt Morgan (R),
Mike Olcott (R),
Tom Oliverson (R),
Angelia Orr (R),
Dennis Paul (R),
Katrina Pierson (R),
Keresa Richardson (R),
Nate Schatzline (R),
Alan Schoolcraft (R),
Joanne Shofner (R),
Shelby Slawson (R),
David Spiller (R),
Valoree Swanson (R),
Tony Tinderholt (R),
Steve Toth (R),
Cody Vasut (R),
Wesley Virdell (R),
Trey Wharton (R),
Terry Wilson (R),
Last Action
Effective on 9/1/25 (on 06/22/2025)
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