Loading chat...
TX HB234
Bill
Status
11/12/2024
Primary Sponsor
Ann Johnson
Click for details
AI Summary
-
Establishes extreme risk protective orders (ERPOs) allowing family members, household members, guardians of minors, or peace officers to petition courts to temporarily restrict a person's firearm access when they pose an immediate danger due to serious mental illness
-
Permits courts to issue temporary ex parte orders without a hearing requiring respondents to relinquish firearms within 24 hours, surrender handgun licenses, and submit to mental health examinations by qualified professionals
-
Requires a hearing within 14 days where courts must find by clear and convincing evidence that the respondent poses immediate danger of bodily injury or death due to serious mental illness and firearm access before issuing a protective order lasting up to one year
-
Creates criminal offenses including a Class B misdemeanor for making false statements to obtain an ERPO and a Class A misdemeanor for possessing firearms while subject to an active ERPO
-
Mandates the Department of Public Safety report ERPO subjects to the FBI's National Instant Criminal Background Check System within 24 hours and establishes procedures for law enforcement to hold and potentially sell unclaimed firearms (proceeds go to the owner minus administrative costs)
Legislative Description
Relating to extreme risk protective orders; creating criminal offenses.
Crimes
Last Action
Referred to Criminal Jurisprudence
2/27/2025