The "Anti-Red Flag Act" aims to prohibit the recognition, service, and enforcement of extreme risk protective orders in Texas. The bill introduces a new chapter, Chapter 7C, to the Code of Criminal Procedure, which defines an extreme risk protective order and outlines the restrictions on local entities regarding the adoption or enforcement of such orders. Specifically, it states that no state or local government entity may adopt rules or policies related to extreme risk protective orders unless explicitly authorized by state law. Additionally, any federal laws attempting to enforce extreme risk protective orders that infringe on constitutional rights are deemed unenforceable in Texas.
The bill also establishes a criminal offense for individuals who serve or attempt to enforce an extreme risk protective order against a person in Texas unless the order was issued under Texas law. Violating this provision is classified as a state jail felony. The act is set to take effect on September 1, 2025.