H.B. No. 655 establishes a new framework for extreme risk protective orders in Texas, aimed at preventing individuals who may pose a danger to themselves or others from accessing firearms. The bill introduces a subchapter in the Code of Criminal Procedure that outlines the definitions, application process, and requirements for issuing these protective orders. Family members, guardians, or peace officers can file applications that must detail specific allegations of dangerous behavior and information about any firearms in the respondent's possession. The court can issue a temporary ex parte order if there is reasonable cause to believe the respondent poses an immediate danger, followed by a hearing within 14 days to assess the need for a longer-term order.

The legislation also includes provisions for the confidentiality of information, the process for relinquishing firearms, and law enforcement's responsibilities regarding the handling of surrendered firearms. It requires the Department of Public Safety to be notified of any protective orders issued and mandates that the clerk of the court notify law enforcement within 30 days of the rescission or expiration of an order. The bill expands the criteria for eligibility to carry a handgun and introduces penalties for false statements related to these orders. Additionally, it requires the Department of Public Safety to adopt rules by October 1, 2025, to implement these changes, 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)