By: Cain H.B. No. 113       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the recognition and enforcement of extreme   risk protective orders; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the "Anti-Red Flag   Act."          SECTION 2.  Title 1, Code of Criminal Procedure, is amended   by adding Chapter 7C to read as follows:   CHAPTER 7C. PROHIBITION ON RECOGNITION AND ENFORCEMENT OF EXTREME   RISK PROTECTIVE ORDERS          Art. 7C.001.  DEFINITIONS. In this chapter:                (1)  "Extreme risk protective order" means a written   order, warrant, or executive order issued by a court or signed by a   magistrate or other court officer that:                      (A)  has the primary purpose of reducing the risk   of death or injury related to a firearm by:                            (i)  prohibiting a person from owning,   possessing, or receiving a firearm; or                            (ii)  requiring a person to surrender a   firearm or otherwise removing a firearm from a person; and                      (B)  is not issued on the basis of conduct   constituting an offense engaged in by the person who is the subject   of the order.                (2)  "Firearm" has the meaning assigned by Section   46.01, Penal Code.          Art. 7C.002.  LOCAL REGULATION PROHIBITED. (a) This   article applies to:                (1)  the State of Texas, including an agency,   department, commission, bureau, board, office, council, court, or   other entity that is in any branch of state government and that is   created by the constitution or a statute of this state, including a   university system or a system of higher education;                (2)  the governing body of a municipality, county, or   special district or authority;                (3)  an officer, employee, or other body that is part of   a municipality, county, or special district or authority, including   a sheriff, municipal police department, municipal attorney, or   county attorney; and                (4)  a district attorney or criminal district attorney.          (b)  An entity described by Subsection (a) may not adopt or   enforce a rule, ordinance, order, policy, or other similar measure   relating to an extreme risk protective order unless state law   specifically authorizes the adoption and enforcement of such a   rule, ordinance, order, policy, or measure.          Art. 7C.003.  CERTAIN FEDERAL LAWS UNENFORCEABLE. A federal   statute, order, rule, or regulation purporting to implement or   enforce an extreme risk protective order against a person in this   state that infringes on the person's right of due process, keeping   and bearing arms, or free speech protected by the United States   Constitution or the Texas Constitution is unenforceable as against   the public policy of this state and shall have no effect.          Art. 7C.004.  ACCEPTING CERTAIN FEDERAL GRANTS PROHIBITED.   An entity described by Article 7C.002(a) may not accept federal   grant funds for the implementation or enforcement of a federal   statute, order, rule, or regulation purporting to implement or   enforce an extreme risk protective order against a person in this   state.          Art. 7C.005.  OFFENSE. (a) A person commits an offense if   the person enforces or attempts to enforce an extreme risk   protective order against a person in this state, unless the order   was issued under the laws of this state.          (b)  An offense under this article is a state jail felony.          SECTION 3.  This Act takes effect on the 91st day after the   last day of the legislative session.