Texas SB 157 - Extreme Risk Protective Orders


An application for a protective order under this chapter may be filed by: a member of the respondent’s family or household; 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 a prosecuting attorney acting: on behalf of a person described by Subdivision (1) or (2); or
at the request of a peace officer.

An application must: include: 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; any relevant medical or mental health information concerning the respondent, including copies of relevant medical or mental health records, if available; information concerning the quantity, type, and location of any firearms the applicant believes to be in the respondent’s possession or control, if any; any other relevant facts indicating a need for a protective order; and 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
— Article 7C.02.(a)

Ben Philpott, KUT:

HB 131 and SB 157 – State Rep. Joe Moody (D-El Paso) and state Sen. Eddie Rodriguez (D-Austin) filed bills in the House and Senate to allow courts to issue protective orders to prohibit an individual from owning, possessing or using a firearm – if that person's deemed a danger to himself or others. Family members, prosecuting attorneys and law enforcement officers can apply for the protective orders, and a judge may deem it necessary to restrict access after an examination from a mental health professional.