H.B. No. 478 establishes a new subchapter in the Texas Code of Criminal Procedure focused on extreme risk protective orders (ERPOs). The bill defines essential terms such as "bodily injury," "family violence," and "firearm," and outlines the application process for ERPOs, which can be initiated by family members, guardians, or peace officers. The application must include detailed allegations of dangerous behavior and a sworn statement asserting that the respondent poses an immediate danger due to their access to firearms. The bill also allows for temporary ex parte orders to be issued without prior notice to the respondent if there is reasonable cause for concern. Additionally, it mandates confidentiality for certain health information and specifies the requirements for hearings related to protective orders, including considerations of the respondent's history of violence and substance abuse.

The legislation further includes provisions for notifying law enforcement about the issuance and expiration of ERPOs, requiring the court clerk to inform law enforcement within 30 days of any changes. It mandates that law enforcement conduct a criminal history check to determine an individual's eligibility to possess firearms after an ERPO is rescinded or expires. The bill also establishes a process for the Department of Public Safety to share information about individuals under ERPOs with the FBI for inclusion in the National Instant Criminal Background Check System. It expands eligibility criteria for carrying handguns and introduces penalties for false statements regarding ERPO requests and violations of ERPO terms. The Department of Public Safety is tasked with adopting rules to implement these changes by October 1, 2025, with the bill set to take 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)