relating to extreme risk protective orders; creating criminal
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 7B, Code of Criminal Procedure, is
amended by adding Subchapter D to read as follows:
SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER
Art. 7B.151. DEFINITIONS. In this subchapter:
(1)"Bodily injury" and "serious bodily injury" have
the meanings assigned by Section 1.07, Penal Code.
(2)"Family," "family violence," and "household" have
the meanings assigned by Chapter 71, Family Code.
(3)"Firearm" has the meaning assigned by Section
46.01, Penal Code.
Art.7B.152.APPLICATION FOR EXTREME RISK PROTECTIVE ORDER.
(a) An application for a protective order under this subchapter may
be filed by:
(1) a member of the respondent's family or household;
(2)a parent, guardian, or conservator of a person who
is:
(A) under 18 years of age; and
(B)a member of the respondent's family or
household; or
(3) a peace officer.
(b) An application must:
(1) include:
(A)detailed allegations, based on personal
knowledge of a person described by Subsection (a), regarding any
dangerous behavior or conduct exhibited by the respondent,
including any behavior or conduct related to the respondent's use
of firearms;
(B)information concerning the quantity, type,
and location of any firearms the applicant believes to be in the
respondent's possession or control, if any;
(C)any other relevant facts indicating a need
for a protective order under this subchapter; and
(D)a statement that the applicant believes the
respondent poses an immediate and present danger of causing bodily
injury, serious bodily injury, or death to any person, including
the respondent, as a result of the respondent's access to firearms;
and
(2)be signed by the applicant under an oath that, to
the knowledge and belief of the applicant, the facts and
circumstances contained in the application are true.
(c)An application for a protective order under this
subchapter may be filed in a district court, juvenile court having
the jurisdiction of a district court, statutory county court, or
constitutional county court in the county in which the applicant or
the respondent resides.
Art.7B.153.CONFIDENTIALITY OF CERTAIN INFORMATION. On
receiving an application containing specific health information
concerning the respondent, the court shall order the clerk to:
(1)strike the information from the public records of
the court; and
(2)maintain a confidential record of the information
for use only by the court.
Art.7B.154.TEMPORARY EX PARTE ORDER. (a) If the court
finds from the information contained in an application for a
protective order under this subchapter that there is reasonable
cause to believe that the respondent poses an immediate and present
danger of causing bodily injury, serious bodily injury, or death to
any person, including the respondent, as a result of the
respondent's access to firearms, the court, without further notice
to the respondent and without a hearing, may issue a temporary ex
parte order prohibiting the respondent from purchasing, owning,
possessing, or controlling a firearm.
(b)In a temporary ex parte order, the court may order the
respondent to:
(1)not later than 24 hours after the time the order is
issued, relinquish any firearms owned by or in the actual or <Statutes affected: Introduced: Government Code 411.172, Government Code 411.187, Penal Code 46.04 (Penal Code 46, Government Code 411)