H.B. No. 234 introduces a new subchapter to Chapter 7B of the Code of Criminal Procedure, focusing on extreme risk protective orders. This legislation allows family members, guardians, or peace officers to file applications for protective orders if they believe an individual poses an immediate danger due to serious mental illness and access to firearms. The application must detail allegations of dangerous behavior, relevant medical information, and the perceived threat. Courts can issue temporary ex parte orders prohibiting firearm possession without prior notice to the respondent if there is reasonable cause to believe a danger exists. The bill also outlines the hearing process, considering factors like the respondent's mental health history and previous violence, and allows for protective orders lasting up to one year, with renewal options.

Additionally, the bill establishes a new Article 18.192 in the Code of Criminal Procedure, detailing law enforcement procedures for taking possession of firearms from individuals under extreme risk protective orders. It mandates written receipts, timely court notifications, and verification of eligibility to possess firearms after the order expires. The bill amends the Government Code to require the Department of Public Safety to report individuals under these orders to the FBI for the National Instant Criminal Background Check System and modifies handgun license eligibility criteria. It also introduces penalties for false reports and violations of protective orders. The legislation is set to take effect on September 1, 2025, with rules to be adopted by the Department of Public Safety by October 1, 2025.

Statutes affected:
Introduced: Government Code 411.172, Government Code 411.187, Penal Code 46.04 (Government Code 411, Penal Code 46)