H.B. No. 478 introduces a new subchapter to the Code of Criminal Procedure that focuses on extreme risk protective orders (ERPOs). This legislation allows family members, guardians, or peace officers to file applications for protective orders when they believe an individual poses an immediate danger due to firearm access. The application must detail the dangerous behavior, any firearms in the respondent's possession, and a sworn statement of belief regarding the threat. The bill outlines the process for issuing temporary ex parte orders, conducting hearings, and determining the criteria for protective orders, which are effective for one year but can be renewed.

The bill also includes several amendments regarding the handling of firearms under ERPOs. It requires the court clerk to notify law enforcement within 30 days of an ERPO's rescission or expiration, prompting a criminal history check to assess the individual's eligibility to possess firearms. If eligible, the individual will be notified by certified mail about the return of their firearm. Additionally, the bill establishes a procedure for the Department of Public Safety to share information about individuals under ERPOs with the FBI for the National Instant Criminal Background Check System. It amends handgun license eligibility criteria and introduces penalties for false statements related to ERPO requests and violations of such orders. The Department of Public Safety must adopt rules by October 1, 2025, with the bill taking effect on September 1, 2025.

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