The "Anti-Red Flag Act" aims to prohibit the recognition, service, and enforcement of extreme risk protective orders in Texas. The bill introduces a new Chapter 7C to the Code of Criminal Procedure, which defines an extreme risk protective order and outlines the conditions under which such orders may not be recognized. Specifically, it states 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, any federal laws attempting to enforce such orders that infringe on constitutional rights are deemed unenforceable in Texas.
The bill 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. Violating this provision is classified as a state jail felony. The act is set to take effect on September 1, 2025.