S.B. No. 1362
 
 
 
 
AN ACT
  relating to prohibiting the recognition, service, and enforcement
  of extreme risk protective orders; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the "Anti-Red Flag
  Act."
         SECTION 2.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 7C to read as follows:
  CHAPTER 7C.  PROHIBITION ON RECOGNITION, SERVICE, AND ENFORCEMENT
  OF EXTREME RISK PROTECTIVE ORDERS
         Art. 7C.001.  DEFINITIONS. In this chapter:
               (1)  "Extreme risk protective order" means a written
  order, warrant, or executive order issued by a court or signed by a
  magistrate or other court officer that:
                     (A)  has the primary purpose of reducing the risk
  of death or injury related to a firearm by:
                           (i)  prohibiting a person from owning,
  possessing, or receiving a firearm; or
                           (ii)  requiring a person to surrender a
  firearm or otherwise removing a firearm from a person; and
                     (B)  is not issued on the basis of conduct that
  resulted in a criminal charge for the person who is the subject of
  the order.
               (2)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code.
         Art. 7C.002.  LOCAL REGULATION PROHIBITED. (a)  This
  article applies to:
               (1)  the State of Texas, including an agency,
  department, commission, bureau, board, office, council, court, or
  other entity that is in any branch of state government and that is
  created by the constitution or a statute of this state, including a
  university system or a system of higher education;
               (2)  the governing body of a municipality, county, or
  special district or authority;
               (3)  an officer, employee, or other body that is part of
  a municipality, county, or special district or authority, including
  a sheriff, municipal police department, municipal attorney, or
  county attorney; and
               (4)  a district attorney or criminal district attorney.
         (b)  An entity described by Subsection (a) may not adopt or
  enforce a rule, ordinance, order, policy, or other similar measure
  relating to an extreme risk protective order unless state law
  specifically authorizes the adoption and enforcement of such a
  rule, ordinance, order, policy, or measure.
         Art. 7C.003.  CERTAIN FEDERAL LAWS UNENFORCEABLE. A federal
  statute, order, rule, or regulation purporting to implement or
  enforce an extreme risk protective order against a person in this
  state that infringes on the person's right of due process, keeping
  and bearing arms, or free speech protected by the United States
  Constitution or the Texas Constitution is unenforceable as against
  the public policy of this state and shall have no effect.
         Art. 7C.004.  ACCEPTING CERTAIN FEDERAL GRANTS PROHIBITED.
  An entity described by Article 7C.002(a) may not accept federal
  grant funds for the implementation, service, or enforcement of a
  federal statute, order, rule, or regulation purporting to implement
  or enforce an extreme risk protective order against a person in this
  state.
         Art. 7C.005.  OFFENSE. (a)  A person commits an offense if
  the person serves or enforces or attempts to serve or enforce an
  extreme risk protective order against a person in this state,
  unless the order was issued under the laws of this state.
         (b)  An offense under this article is a state jail felony.
         Art. 7C.006.  INAPPLICABILITY. This chapter does not apply
  to a protective order issued under the Family Code or the Code of
  Criminal Procedure or to a protective order issued under the laws of
  another state that is recognized or enforceable under the Family
  Code or the Code of Criminal Procedure.
         SECTION 3.  This Act takes effect September 1, 2025.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1362 passed the Senate on
  March 27, 2025, by the following vote: Yeas 19, Nays 11; and that
  the Senate concurred in House amendment on May 30, 2025, by the
  following vote: Yeas 20, Nays 11.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1362 passed the House, with
  amendment, on May 28, 2025, by the following vote: Yeas 86,
  Nays 53, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor