Texas House Bill 162 aims to significantly restrict the scope and enforcement of red flag laws within the state. The bill redefines an extreme risk protection order to require a basis in conduct resulting in a criminal charge, thereby preventing orders based solely on allegations without criminal charges. It also introduces criminal penalties for serving or enforcing orders not issued under Texas law, though a provision attempting to nullify federal laws infringing on due process or Second Amendment rights may face federal preemption challenges.
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