S.B. No. 1362, known as the "Anti-Red Flag Act," seeks to prohibit the recognition, service, and enforcement of extreme risk protective orders in Texas. The bill introduces Chapter 7C to the Code of Criminal Procedure, defining an "extreme risk protective order" as a court-issued order aimed at reducing firearm-related risks, which cannot be based on conduct that has led to criminal charges against the individual. The legislation explicitly prohibits state and local entities from adopting or enforcing any rules or policies related to extreme risk protective orders unless specifically authorized by state law. Additionally, it declares that any federal laws attempting to enforce such orders that infringe on constitutional rights are 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, classifying this offense as a state jail felony. Furthermore, the act 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 those recognized under Texas law from other states. The act is set to take effect on September 1, 2025.