89R4512 JSC-D     By: Moody H.B. No. 893       A BILL TO BE ENTITLED   AN ACT   relating to extreme risk protective orders; creating criminal   offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 7B, Code of Criminal Procedure, is   amended by adding Subchapter D to read as follows:   SUBCHAPTER D. EXTREME RISK PROTECTIVE ORDER          Art. 7B.151.  DEFINITIONS. In this subchapter:                (1)  "Bodily injury" and "serious bodily injury" have   the meanings assigned by Section 1.07, Penal Code.                (2)  "Family," "family violence," and "household" have   the meanings assigned by Chapter 71, Family Code.                (3)  "Firearm" has the meaning assigned by Section   46.01, Penal Code.                (4)  "Local mental health authority" has the meaning   assigned by Section 571.003, Health and Safety Code.                (5)  "Serious mental illness" has the meaning assigned   by Section 1355.001, Insurance Code.          Art. 7B.152.  APPLICATION FOR EXTREME RISK PROTECTIVE ORDER.   (a) An application for a protective order under this subchapter may   be filed by:                (1)  a member of the respondent's family or household;                (2)  a parent, guardian, or conservator of a person who   is under 18 years of age and a member of the respondent's family or   household; or                (3)  a prosecuting attorney acting:                      (A)  on behalf of a person described by   Subdivision (1) or (2); or                      (B)  at the request of a peace officer.          (b)  An application must:                (1)  include:                      (A)  detailed allegations, based on personal   knowledge of a person described by Subsection (a)(1) or (2) or of a   peace officer, regarding any dangerous behavior or conduct   exhibited by the respondent as a result of a serious mental illness,   including any behavior or conduct related to the respondent's use   of firearms;                      (B)  any relevant medical or mental health   information concerning the respondent, including copies of   relevant medical or mental health records, if available;                      (C)  information concerning the quantity, type,   and location of any firearms the applicant believes to be in the   respondent's possession or control, if any;                      (D)  any other relevant facts indicating a need   for a protective order under this subchapter; and                      (E)  a statement that the applicant believes the   respondent poses an immediate and present danger of causing bodily   injury, serious bodily injury, or death to any person, including   the respondent, as a result of the respondent's serious mental   illness and access to firearms; and                (2)  be signed by the applicant under an oath that, to   the knowledge and belief of the applicant, the facts and   circumstances contained in the application are true.          (c)  An application for a protective order under this   subchapter may be filed in a district court, juvenile court having   the jurisdiction of a district court, statutory county court, or   constitutional county court in the county in which the applicant or   the respondent resides.          Art. 7B.153.  CONFIDENTIALITY OF CERTAIN INFORMATION. On   receiving an application containing specific medical or mental   health information concerning the respondent, the court shall order   the clerk to:                (1)  strike the information from the public records of   the court; and                (2)  maintain a confidential record of the information   for use only by the court.          Art. 7B.154.  TEMPORARY EX PARTE ORDER. (a)  If the court   finds from the information contained in an application for a   protective order under this subchapter that there is reasonable   cause to believe that the respondent poses an immediate and present   danger of causing bodily injury, serious bodily injury, or death to   any person, including the respondent, as a result of the   respondent's serious mental illness and access to firearms, the   court, without further notice to the respondent and without a   hearing, may issue a temporary ex parte order prohibiting the   respondent from purchasing, owning, possessing, or controlling a   firearm.          (b)  In a temporary ex parte order, the court may order the   respondent to:                (1)  relinquish, without delay, any firearms owned by   or in the actual or constructive possession or control of the   respondent to a law enforcement agency for holding in the manner   provided by Article 18.192;                (2)  if applicable, surrender to the court the   respondent's license to carry a handgun issued under Subchapter H,   Chapter 411, Government Code; and                (3)  for purposes of determining whether the respondent   has a serious mental illness, submit to an examination by the local   mental health authority or a disinterested expert who is qualified   to diagnose, and experienced in diagnosing, mental illness.          Art. 7B.155.  HEARING; ISSUANCE OF PROTECTIVE ORDER. (a)   Not later than the 14th day after the later of the date an   application is filed or the date a temporary ex parte order is   issued, the court shall hold a hearing on the issuance of the   protective order.          (b)  The court shall provide personal notice of the hearing   to the respondent.          (c)  In determining whether to issue a protective order under   this article, the court:                (1)  shall consider:                      (A)  the results of an examination described by   Article 7B.154(b)(3);                      (B)  any relevant medical or mental health   information concerning the respondent;                      (C)  any history of threats or acts of violence by   the respondent directed at any person, including the respondent;                      (D)  any history of the respondent using,   attempting to use, or threatening to use physical force against   another person;                      (E)  any recent violation by the respondent of an   order issued:                            (i)  under another provision of this chapter   or under Article 17.292;                            (ii)  under Section 6.504 or Chapter 85,   Family Code;                            (iii)  under Chapter 83, Family Code, if the   temporary ex parte order has been served on the respondent; or                            (iv)  by another jurisdiction as provided by   Chapter 88, Family Code;                      (F)  any arrest or conviction of the respondent   for:                            (i)  an offense under Section 42.072, Penal   Code; or                            (ii)  an offense involving violence,   including family violence;                      (G)  any conviction of the respondent for an   offense under Section 42.09, 42.091, or 42.092, Penal Code; and                      (H)  evidence related to the respondent's abuse of   a controlled substance or alcohol, including evidence of any   treatment for and recovery from abusing a controlled substance or   alcohol; and                (2)  may consider any other relevant factor including:                      (A)  any previous violation by the respondent of   an order described by Subdivision (1)(E); and                      (B)  evidence regarding the respondent's recent   acquisition of firearms, ammunition, or other deadly weapons.          (d)  At the close of the hearing, if the court finds by clear   and convincing evidence that the respondent poses an immediate and   present danger of causing bodily injury, serious bodily injury, or   death to any person, including the respondent, as a result of the   respondent's serious mental illness and access to firearms, the   court shall issue a protective order that includes a statement of   the required finding.          (e)  If the court does not make the finding described by   Subsection (d), the court shall, as applicable, immediately rescind   any temporary ex parte order issued under Article 7B.154 and return   the respondent's license to carry a handgun.          Art. 7B.156.  CONTENTS OF PROTECTIVE ORDER. In a protective   order issued under Article 7B.155, the court shall:                (1)  prohibit the person who is subject to the order   from purchasing, owning, possessing, or controlling a firearm for   the duration of the order;                (2)  order the person to:                      (A)  relinquish, without delay, any firearms   owned by or in the actual or constructive possession or control of   the person to a law enforcement agency for holding in the manner   provided by Article 18.192;                      (B)  if applicable, surrender to the court the   person's license to carry a handgun issued under Subchapter H,   Chapter 411, Government Code; and                      (C)  if applicable, receive outpatient mental   health services if recommended by the local mental health authority   or expert after the authority or expert performs an examination   described by Article 7B.154(b)(3); and                (3)  suspend a license to carry a handgun issued under   Subchapter H, Chapter 411, Government Code, that is held by the   person.          Art. 7B.157.  DURATION OF PROTECTIVE ORDER. (a)  A   protective order issued under Article 7B.155 is effective until the   first anniversary of the date the order was issued.          (b)  The court may renew a protective order issued under   Article 7B.155 for a period not to exceed one year after the order's   original expiration date. Before renewing the order the court must   hold a hearing after providing personal notice of the hearing to the   person who is the subject of the order.          (c)  A person who is the subject of a protective order may   file a motion not earlier than the 91st day after the date on which   the order was initially issued or renewed, as applicable,   requesting that the court review the order and determine whether   there is a continuing need for the order. After a hearing on the   motion, if the court fails to make the finding that there is no   continuing need for the order, the order remains in effect until the   date the order expires as provided by this article.          (d)  At a hearing to renew or rescind a protective order   under this article, the court shall consider the factors described   by Article 7B.155(c).          Art. 7B.158.  NOTICE TO DEPARTMENT OF PUBLIC SAFETY. (a)   Not later than the 30th day after the date a protective order is   issued under Article 7B.155, the clerk of the issuing court shall   provide the following to the Department of Public Safety:                (1)  the complete name, race, and sex of the person who   is the subject of the order;                (2)  any known identifying number of the person,   including a social security number, driver's license number, or   state identification number;                (3)  the person's date of birth;                (4)  if surrendered to the court, the person's license   to carry a handgun issued under Subchapter H, Chapter 411,   Government Code; and                (5)  a copy of the order suspending the person's license   to carry a handgun under Subchapter H, Chapter 411, Government   Code.          (b)  On receipt of an order suspending a license to carry a   handgun, the Department of Public Safety shall:                (1)  record the suspension of the license in the   records of the department;                (2)  report the suspension to local law enforcement   agencies, as appropriate; and                (3)  if the license was not surrendered to the court,   demand surrender of the suspended license from the license holder.          (c)  Not later than the 30th day after the date the   protective order is rescinded or expires under Article 7B.157, the   clerk of the issuing court shall notify the Department of Public   Safety of the rescission or expiration, as applicable.          Art. 7B.159.  APPLICATION OF OTHER LAW. Except as otherwise   provided by this subchapter and to the extent applicable, Title 4,   Family Code, applies to a protective order issued under this   subchapter.          SECTION 2.  Chapter 18, Code of Criminal Procedure, is   amended by adding Article 18.192 to read as follows:          Art. 18.192.  HOLDING AND DISPOSITION OF FIREARM   RELINQUISHED UNDER EXTREME RISK PROTECTIVE ORDER. (a) A law   enforcement officer who takes possession of a firearm from a person   who is the subject of an extreme risk protective order issued under   Subchapter D, Chapter 7B, shall immediately provide the person a   written copy of the receipt for the firearm and a written notice of   the procedure for the return of a firearm under this article.          (b)  Not later than the seventh day after the date a firearm   subject to disposition under this article is received, the law   enforcement agency holding the firearm shall notify the court that   issued the extreme risk protective order that the person who is the   subject of the order has relinquished the firearm.          (c)  Not later than the 30th day after the date the extreme   risk protective order is rescinded or expires, the clerk of the   court shall notify the law enforcement agency of the rescission or   expiration.          (d)  Not later than the 30th day after the date the law   enforcement agency holding a firearm subject to disposition under   this article receives the notice described by Subsection (c), the   law enforcement agency shall conduct a check of state and national   criminal history record information to verify whether the person   may lawfully possess a firearm under 18 U.S.C. Section 922(g) and   under the law of this state.          (e)  If the check conducted under Subsection (d) verifies   that the person may lawfully possess a firearm, the law enforcement   agency shall provide to the person by certified mail written notice   stating that the firearm may be returned to the person if the person   submits a written request before the 121st day after the date of the   notice.          (f)  An unclaimed firearm that is received under an extreme   risk protective order issued under Subchapter D, Chapter 7B, may   not be destroyed or forfeited to the state.          (g)  The law enforcement agency holding the firearm may   provide for the firearm to be sold by a firearms dealer licensed   under 18 U.S.C. Section 923 if:                (1)  the check conducted under Subsection (d) shows   that the person may not lawfully possess a firearm; or                (2)  the notice is provided under Subsection (e) and   the person does not submit, before the 121st day after the date of   the notice, a written request for the return of the firearm.          (h)  The proceeds from the sale of a firearm under this   article shall be paid to the owner of the seized firearm, less the   cost of administering this article with respect to the firearm.          (i)  A law enforcement officer or other employee of a law   enforcement agency is subject to punishment for contempt of court   if the officer or employee violates this article with the intent to   withhold a firearm from a person who, at the time the violation   occurred:                (1)  was the subject of an extreme risk protective   order that was rescinded or that expired; and                (2)  may lawfully possess the firearm.          SECTION 3.  Subchapter D, Chapter 411, Government Code, is   amended by adding Section 411.0522 to read as follows:          Sec. 411.0522.  INFORMATION CONCERNING EXTREME RISK   PROTECTIVE ORDER. (a) The department by rule shall establish a   procedure to provide information concerning a person who is the   subject of an extreme risk protective order issued under Subchapter   D, Chapter 7B, Code of Criminal Procedure, to the Federal Bureau of   Investigation for inclusion in the National Instant Criminal   Background Check System.          (b)  The procedure must require the department to provide any   information received under Article 7B.158, Code of Criminal   Procedure, to the Federal Bureau of Investigation not later than   the 30th day after the date the department received the   information.          SECTION 4.  Section 411.172(a), Government Code, is amended   to read as follows:          (a)  A person is eligible for a license to carry a handgun if   the person:                (1)  is a legal resident of this state for the six-month   period preceding the date of application under this subchapter or   is otherwise eligible for a license under Section 411.173(a);                (2)  is at least 21 years of age;                (3)  has not been convicted of a felony;                (4)  is not charged with the commission of a Class A or   Class B misdemeanor or equivalent offense, or of an offense under   Section 42.01, Penal Code, or equivalent offense, or of a felony   under an information or indictment;                (5)  is not a fugitive from justice for a felony or a   Class A or Class B misdemeanor or equivalent offense;                (6)  is not a chemically dependent person;                (7)  is not incapable of exercising sound judgment with   respect to the proper use and storage of a handgun;                (8)  has not, in the five years preceding the date of   application, been convicted of a Class A or Class B misdemeanor or   equivalent offense or of an offense under Section 42.01, Penal   Code, or equivalent offense;                (9)  is fully qualified under applicable federal and   state law to purchase a handgun;                (10)  has not been finally determined to be delinquent   in making a child support payment administered or collected by the   attorney general;                (11)  has not been finally determined to be delinquent   in the payment of a tax or other money collected by the comptroller,   the tax collector of a political subdivision of the state, or any   agency or subdivision of the state;                (12)  is not currently:                      (A)  restricted under a court protective order,   including an extreme risk protective order issued under Subchapter   D, Chapter 7B, Code of Criminal Procedure; or                      (B)  subject to a restraining order affecting the   spousal relationship, other than a restraining order solely   affecting property interests;                (13)  has not, in the 10 years preceding the date of   application, been adjudicated as having engaged in delinquent   conduct violating a penal law of the grade of felony; and                (14)  has not made any material misrepresentation, or   failed to disclose any material fact, in an application submitted   pursuant to Section 411.174.          SECTION 5.  Sections 411.187(a) and (c), Government Code,   are amended to read as follows:          (a)  The department shall suspend a license under this   section if the license holder:                (1)  is charged with the commission of a Class A or   Class B misdemeanor or equivalent offense, or of an offense under   Section 42.01, Penal Code, or equivalent offense, or of a felony   under an information or indictment;                (2)  fails to notify the department of a change of   address, name, or status as required by Section 411.181;                (3)  commits an act of family violence and is the   subject of an active protective order rendered under Title 4,   Family Code; [or]                (4)  is arrested for an offense involving family   violence or an offense under Section 42.072, Penal Code, and is the   subject of an order for emergency protection issued under Article   17.292, Code of Criminal Procedure; or                (5)  is the subject of an active extreme risk   protective order issued under Subchapter D, Chapter 7B, Code of   Criminal Procedure.          (c)  The department shall suspend a license under this   section:                (1)  for 30 days, if the person's license is subject to   suspension for the [a] reason listed in Subsection (a)(2)[, (3), or   (4), except as provided by Subdivision (2)];                (2)  [for not less than one year and not more than three   years, if the person's license:                      [(A)  is subject to suspension for a reason listed   in Subsection (a), other than the reason listed in Subsection   (a)(1); and                      [(B)  has been previously suspended for the same   reason;                [(3)]  until dismissal of the charges, if the person's   license is subject to suspension for the reason listed in   Subsection (a)(1); or                (3) [(4)]  for the duration of or the period specified   by:                      (A)  the protective order issued under Title 4,   Family Code, if the person's license is subject to suspension for   the reason listed in Subsection (a)(3) [(a)(5)]; [or]                      (B)  the order for emergency protection issued   under Article 17.292, Code of Criminal Procedure, if the person's   license is subject to suspension for the reason listed in   Subsection (a)(4); or                      (C)  the extreme risk protective order issued   under Subchapter D, Chapter 7B, Code of Criminal Procedure, if the   person's license is subject to suspension for the reason listed in   Subsection (a)(5) [(a)(6)].          SECTION 6.  Chapter 37, Penal Code, is amended by adding   Section 37.083 to read as follows:          Sec. 37.083.  FALSE REPORT REGARDING REQUEST FOR EXTREME   RISK PROTECTIVE ORDER. (a) In this section, "prosecuting   attorney" means a district attorney, criminal district attorney, or   county attorney.          (b)  A person commits an offense if, with intent to deceive,   the person knowingly makes to a prosecuting attorney or peace   officer a false statement relating to a request that a prosecuting   attorney file an application for an extreme risk protective order   under Subchapter D, Chapter 7B, Code of Criminal Procedure.          (c)  An offense under this section is a Class B misdemeanor.          SECTION 7.  Section 46.06(a), Penal Code, is amended to read   as follows:          (a)  A person commits an offense if the person:                (1)  sells, rents, leases, loans, or gives a handgun to   any person knowing that the person to whom the handgun is to be   delivered intends to use it unlawfully or in the commission of an   unlawful act;                (2)  intentionally or knowingly sells, rents, leases,   or gives or offers to sell, rent, lease, or give to any child   younger than 18 years of age any firearm, club, or   location-restricted knife;                (3)  intentionally, knowingly, or recklessly sells a   firearm or ammunition for a firearm to any person who is   intoxicated;                (4)  knowingly sells a firearm or ammunition for a   firearm to any person who has been convicted of a felony before the   fifth anniversary of the later of the following dates:                      (A)  the person's release from confinement   following conviction of the felony; or                      (B)  the person's release from supervision under   community supervision, parole, or mandatory supervision following   conviction of the felony;                (5)  sells, rents, leases, loans, or gives a handgun to   any person knowing that an active protective order is directed to   the person to whom the handgun is to be delivered;                (6)  knowingly purchases, rents, leases, or receives as   a loan or gift from another a handgun while an active protective   order is directed to the actor; [or]                (7)  while prohibited from possessing a firearm under   state or federal law, knowingly makes a material false statement on   a form that is:                      (A)  required by state or federal law for the   purchase, sale, or other transfer of a firearm; and                      (B)  submitted to a firearms dealer licensed under   18 U.S.C. Section 923; or                (8)  sells, rents, leases, loans, or gives a firearm to   any person knowing that an active extreme risk protective order   under Subchapter D, Chapter 7B, Code of Criminal Procedure, is   directed to the person to whom the firearm is to be delivered.          SECTION 8.  Section 46.06, Penal Code, as amended by this   Act, applies only to an offense committed on or after the effective   date of this Act. An offense committed before the effective date of   this Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose. For purposes of this section, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          SECTION 9.  Not later than October 1, 2025, the Department of   Public Safety shall adopt rules as required by Section 411.0522,   Government Code, as added by this Act.          SECTION 10.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 11.  This Act takes effect September 1, 2025.