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 a new chapter, 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, the bill states that no entity within the state, including municipalities and law enforcement, 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, classifying this offense as a state jail felony. Furthermore, the chapter clarifies that it does not apply to protective orders issued under the Family Code or those recognized from other states. The provisions of this act are set to take effect on September 1, 2025.