S.B. No. 1362, known as the "Anti-Red Flag Act," introduces a prohibition on the recognition, service, and enforcement of extreme risk protective orders in Texas. The bill adds Chapter 7C to Title 1 of the Code of Criminal Procedure, defining an extreme risk protective order and outlining the conditions under which such orders may not be recognized. It specifies that no state or local entity may adopt or enforce any rules or policies related to extreme risk protective orders unless explicitly authorized by state law. Additionally, the bill declares that any federal laws attempting to enforce extreme risk protective orders that infringe on constitutional rights are unenforceable in Texas.

The legislation also establishes a criminal offense for individuals who serve or attempt to enforce an extreme risk protective order against a person in Texas unless the order was issued under Texas law, classifying such an offense as a state jail felony. Furthermore, the bill prohibits state entities from accepting federal grants for the implementation or enforcement of federal statutes related to extreme risk protective orders. The provisions of this chapter do not apply to protective orders issued under the Family Code or the Code of Criminal Procedure, nor to those from other states that are recognized under Texas law. The act is set to take effect on September 1, 2025.