AUSTIN, Texas — On Wednesday, the Texas Senate gave initial approval to a bill that would prevent red flag laws. It would ban governmental entities from enforcing extreme risk protective orders, or red flag laws, unless the Legislature passes such a law.
Senate Bill 1362, by Sen. Bryan Hughes (R-Mineola), received initial approval from the upper chamber on a party-line 20-11 vote. Red flag laws allow judges to order a person’s guns to be removed if they are found to be a threat to themselves or others.
Hughes dubbed the bill the “Anti-Red Flag Act.” He said it is designed to ensure that people’s firearms are not taken away from them without due process.
“Texas law allows a law enforcement officer to take into custody someone who appears to be a danger to take that person into custody that’s not affected by this bill,” Hughes said. “This does affect constitutional rights that would otherwise be taken away without due process.”
In addition to barring state or local governments from adopting or enforcing red flag policies, unless authorized under state law, the bill also declares any federal “Extreme Risk Protective Order” law is not enforceable in Texas if it infringes on constitutional rights. It prohibits state and local entities from accepting federal funds intended for red flag law enforcement.
Hughes said it does not apply to family violence protection orders or cases where criminal charges are filed.
For example, in a scenario where a husband waives a gun or threatens his wife, but no criminal charges are filed, the wife can seek a protective order, and a judge can rule to take his guns away since it is then a civil matter.
“If there’s a family violence protective order but the intentional aggressor wants to harm this woman if he wants to disarm her and make her an easier target, one of these red flag orders is a great way to do it because the gun is taken, if only temporarily, without due process,” Hughes said. “There’s a reason that people want to have firearms to defend themselves, and we shouldn’t just lightly take those guns away based on someone’s accusations.”
Democrats were very opposed to the bill on the Senate floor. Some of the most passionate arguments against the bill came from Sen. Roland Gutierrez, who represents Uvalde. He talked about how a red flag law could have prevented the Robb Elementary School shooting.
Democrats expressed several other concerns during the debate that the bill would take away a tool for law enforcement to keep the community safe. For example, in cases when someone makes a terroristic threat.
“There have been many instances. It’s not been about domestic violence. It’s been about terrorism,” said Sen. Royce West (D-Dallas). “Other states have allowed persons that believe that if someone is making a terrorist threat, that they are able to call the police and be able to get a protective order to benefit, not them individually, but the community in general.”
Hughes said he believes law enforcement and judicial remedies are available to allow authorities to take that person into custody and disarm them.
State Sen. José Menéndez (D-San Antonio) said it is a balancing act, but the bill struck the wrong balance.
“This bill pushes the balance towards the person that would maintain a gun under any circumstances, even when local government, special authority, all these people who might have respect the Constitution would say we need to temporarily remove the firearm for the safety of the person and their loved ones,” Menéndez said.
Other bills passed by the Texas Senate
Wednesday was a busy day in the Texas Senate as lawmakers passed several bills.
Senate Bill 14, which would create the “Texas Regulatory Efficiency Office,” coined as the Texas DOGE within the governor’s Office, was also passed.
They also passed Senate Bill 24, which requires students to learn about communism in social studies, and Senate Bill 315, which gives Texans property rights to their DNA and makes it a crime for companies to use or sell someone’s DNA without permission.
Those three bills now go to the Texas House. Lawmakers will have to pass the red flag bill one more time before it can go to the lower chamber.