By: Cain	H.B. No. 113

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting the recognition 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 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
	constituting an offense engaged in by 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 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 enforces or attempts to 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.
	SECTION 3.  This Act takes effect on the 91st day after the
	last day of the legislative session.