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TX HB893
Bill
Status
11/12/2024
Primary Sponsor
Joseph Moody
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AI Summary
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Creates extreme risk protective orders (ERPOs) allowing family members, household members, or prosecuting attorneys (on behalf of family/at peace officer request) to petition courts to temporarily prohibit individuals with serious mental illness from purchasing, owning, or possessing firearms when they pose an immediate danger of causing bodily injury or death
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Permits courts to issue temporary ex parte orders without a hearing, followed by a full hearing within 14 days where clear and convincing evidence must establish the respondent poses an immediate danger due to serious mental illness and firearm access
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Orders are effective for one year, may be renewed for an additional year after a hearing, and require respondents to relinquish firearms to law enforcement, surrender handgun carry licenses, and potentially receive outpatient mental health services
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Requires the Department of Public Safety to be notified of orders within 30 days, suspend any license to carry a handgun, and report order information to the FBI's National Instant Criminal Background Check System
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Creates criminal offenses including a Class B misdemeanor for making false statements when requesting an ERPO, and makes it illegal to sell, rent, lease, loan, or give a firearm to someone subject to an active ERPO
Legislative Description
Relating to extreme risk protective orders; creating criminal offenses.
Crimes
Last Action
Referred to Criminal Jurisprudence
3/6/2025