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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the recognition and enforcement of extreme |
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risk protective orders; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the "Anti-Red Flag |
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Act." |
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SECTION 2. Title 1, Code of Criminal Procedure, is amended |
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by adding Chapter 7C to read as follows: |
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CHAPTER 7C. PROHIBITION ON RECOGNITION AND ENFORCEMENT OF EXTREME |
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RISK PROTECTIVE ORDERS |
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Art. 7C.001. DEFINITIONS. In this chapter: |
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(1) "Extreme risk protective order" means a written |
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order, warrant, or executive order issued by a court or signed by a |
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magistrate or other court officer that: |
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(A) has the primary purpose of reducing the risk |
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of death or injury related to a firearm by: |
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(i) prohibiting a person from owning, |
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possessing, or receiving a firearm; or |
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(ii) requiring a person to surrender a |
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firearm or otherwise removing a firearm from a person; and |
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(B) is not issued on the basis of conduct |
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constituting an offense engaged in by the person who is the subject |
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of the order. |
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(2) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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Art. 7C.002. LOCAL REGULATION PROHIBITED. (a) This |
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article applies to: |
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(1) the State of Texas, including an agency, |
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department, commission, bureau, board, office, council, court, or |
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other entity that is in any branch of state government and that is |
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created by the constitution or a statute of this state, including a |
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university system or a system of higher education; |
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(2) the governing body of a municipality, county, or |
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special district or authority; |
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(3) an officer, employee, or other body that is part of |
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a municipality, county, or special district or authority, including |
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a sheriff, municipal police department, municipal attorney, or |
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county attorney; and |
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(4) a district attorney or criminal district attorney. |
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(b) An entity described by Subsection (a) may not adopt or |
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enforce a rule, ordinance, order, policy, or other similar measure |
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relating to an extreme risk protective order unless state law |
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specifically authorizes the adoption and enforcement of such a |
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rule, ordinance, order, policy, or measure. |
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Art. 7C.003. CERTAIN FEDERAL LAWS UNENFORCEABLE. A federal |
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statute, order, rule, or regulation purporting to implement or |
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enforce an extreme risk protective order against a person in this |
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state that infringes on the person's right of due process, keeping |
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and bearing arms, or free speech protected by the United States |
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Constitution or the Texas Constitution is unenforceable as against |
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the public policy of this state and shall have no effect. |
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Art. 7C.004. ACCEPTING CERTAIN FEDERAL GRANTS PROHIBITED. |
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An entity described by Article 7C.002(a) may not accept federal |
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grant funds for the implementation or enforcement of a federal |
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statute, order, rule, or regulation purporting to implement or |
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enforce an extreme risk protective order against a person in this |
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state. |
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Art. 7C.005. OFFENSE. (a) A person commits an offense if |
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the person enforces or attempts to enforce an extreme risk |
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protective order against a person in this state, unless the order |
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was issued under the laws of this state. |
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(b) An offense under this article is a state jail felony. |
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SECTION 3. This Act takes effect September 1, 2021. |