H.B. No. 655 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 if they believe an individual poses an immediate danger due to firearm access. The application must detail the dangerous behavior and include a sworn statement from the applicant. The court can issue a temporary ex parte order without notifying the respondent if there is reasonable cause to believe they are a danger. The bill outlines the process for hearings, the issuance of protective orders, and confidentiality measures, mandating that protective orders prohibit firearm possession and require the surrender of firearms to law enforcement.

Additionally, the bill includes amendments that require the court clerk to notify law enforcement within 30 days of the rescission or expiration of an ERPO, prompting a criminal history check to determine the individual's eligibility to possess firearms. If eligible, the individual will be notified and given 121 days to request the return of their firearm. The bill also 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 to include restrictions related to active protective orders and introduces penalties for false statements regarding ERPO requests. 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)