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Bill

HB 162

Relating to prohibiting the recognition, service, and enforcement of extreme risk protective orders; creating a criminal offense.

89th Legislature (2025) Introduced by Daniel Alders and 49 co-sponsors

Bill criminalizes Texas officials' enforcement of extreme risk protective orders, blocking "red flag" firearm removal procedures for at-risk individuals.

Referred to State Affairs
#anti-redflagact(pq9le) #crimes--miscellaneous(i0200) #federalrelations(s0862) #protectiveorders(s0495) #weapons(i0887)
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Bill Summary · HB 162

Legislative bill overview

HB 162 would prohibit Texas state courts and law enforcement from recognizing, enforcing, or servicing extreme risk protective orders (ERPOs)—also known as "red flag" laws. The bill would make it a criminal offense for officials to enforce such orders and appears designed to block implementation of any ERPO system in Texas.

Why is this important

ERPOs allow courts to temporarily restrict firearm access for individuals deemed at imminent risk of harming themselves or others. This bill directly challenges a policy mechanism increasingly adopted in other states as a suicide and mass violence prevention tool. The outcome will affect whether Texas can use this specific intervention for mental health and public safety purposes.

Potential points of contention

  • Due process concerns: Supporters argue ERPOs lack sufficient procedural protections; critics counter that the bill eliminates a tool designed with legal safeguards and court oversight
  • Federalism and state authority: The bill restricts state officials' ability to enforce court orders, raising questions about judicial and executive power within the state system
  • Public safety vs. gun rights trade-off: Supporters see this as protecting Second Amendment rights; opponents view it as removing a targeted intervention for high-risk situations without replacing it with alternatives
  • Criminal liability for officials: Making enforcement a crime could deter compliance with any future ERPO legislation or court orders

Compiled from official sources — confirm details with the bill’s official record.

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