JD Key Consulting Logo
SB1362

Regular Session

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

Critical
Low Cost
Effective:2025-09-01
Enforcing Agencies

Criminal District Attorneys • District Attorneys • State Law Enforcement Agencies (enforcing the ban against violators)

SB1362
Critical
Relating to prohibiting the recognition, service, and enforcement of extreme risk protective orders; creating a criminal offense.
Critical Compliance Urgency
Requires immediate attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Criminal District AttorneysDistrict AttorneysState Law Enforcement Agencies
Primary Author: Sen. Bryan Hughes
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Criminal liability attaches immediately on this date; protocols must be in place beforehand).
  • Agency Rulemaking: No specific agency rulemaking is mandated to define the crime. However, the Office of the Governor may issue guidance regarding which federal grants remain eligible for acceptance under the new funding prohibitions.

Immediate Action Plan

  • Issue a "Stop-Work" Directive: Instruct process servers and security teams to reject all "Extreme Risk" or "Red Flag" orders immediately.
  • Audit Federal Grants: Review terms of all active DOJ grants to ensure they do not mandate ERPO compliance as a condition of funding.
  • Update Employee Handbooks: Explicitly prohibit cooperation with ERPO enforcement to protect the company from vicarious criminal liability.
  • Consult Insurance Broker: Determine if "Criminal Defense Reimbursement" riders are available for employees acting within the scope of their duties who are charged under this statute.

Operational Changes Required

Contracts

  • Federal MSAs: Review Master Service Agreements with federal agencies. If a contract requires adherence to "all federal regulations" regarding firearm seizure, you are in a conflict of laws scenario. Seek legal counsel to insert a waiver citing Texas SB1362.
  • Vendor Agreements: Amend contracts with third-party process servers and security firms. Explicitly prohibit the service or enforcement of non-Texas ERPOs to mitigate vicarious liability.

Hiring/Training

  • Intake Screening: Train legal support staff to distinguish between enforceable Texas Family Code protective orders (Domestic Violence) and prohibited ERPOs (Risk-based without criminal charge).
  • Security Protocols: Private security and HR teams must be trained to decline assistance to federal agencies if requested to participate in a civil firearm seizure/ERPO enforcement action.
  • Liability Awareness: Employees must be informed that violating this company policy is not just a firing offense, but a State Jail Felony carrying up to 2 years in prison.

Reporting & Record-Keeping

  • Grant Audits: Finance departments must audit all Department of Justice (DOJ) grants (e.g., Byrne JAG). Create a compliance file proving no funds are allocated to ERPO implementation.
  • Declination Logs: Maintain a log of all service of process requests refused under SB1362. This serves as affirmative evidence of compliance if your firm is investigated.

Fees & Costs

  • Insurance Gaps: Review Professional Liability (E&O) and General Liability policies. Most exclude coverage for criminal acts. If an employee is charged under SB1362, the company may be liable for defense costs that insurance will not reimburse.

Strategic Ambiguities & Considerations

  • Supremacy Clause Conflict: The bill declares federal ERPO laws "unenforceable." While the U.S. Constitution's Supremacy Clause generally overrides state law, businesses face immediate arrest by *local* Texas authorities if they comply with a federal order. Operational Rule: Prioritize avoiding immediate state criminal prosecution over potential federal contract disputes.
  • "Hybrid" Orders: Orders from other states may mix "Red Flag" language with Domestic Violence findings. The law is vague on these hybrid orders. If the order is not explicitly based on a criminal charge or the Texas Family Code, treat it as prohibited until counsel reviews it.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 18, 2025
Passed Senate
Mar 27, 2025
Passed House
May 28, 2025
Signed
Jun 22, 2025
TopicsCrimesCrimes--miscellaneousWeaponsAnti-red Flag ActFederal RelationsProtective Orders
03

Senate Authors

Sen. Bryan HughesRepublican · Primary Author

House Sponsors

Rep. Cole HefnerRepublican · Primary Sponsor
Joint Sponsors
Cosponsors (48)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Sen. Bryan Hughes

View all bills by Sen. Bryan Hughes

Related by Topic

View more Crimes legislation
Quick Reference

Frequently Asked Questions

Common questions about SB1362

Q

What does Texas SB1362 do?

SB1362 criminalizes the enforcement, service, or recognition of "Extreme Risk Protective Orders" (ERPOs)—commonly known as Red Flag laws—within Texas, effective September 1, 2025. This legislation creates a State Jail Felony for any person (public or private) who attempts to enforce a federal or out-of-state ERPO. Businesses in private security, legal process service, and federal contracting must immediately revise operational protocols to avoid criminal liability for their employees.

Q

Who authored SB1362?

SB1362 was authored by Texas Senator Bryan Hughes during the Regular Session.

Q

When was SB1362 signed into law?

SB1362 was signed into law by Governor Greg Abbott on June 22, 2025.

Q

Which agencies enforce SB1362?

SB1362 is enforced by Criminal District Attorneys, District Attorneys and State Law Enforcement Agencies (enforcing the ban against violators).

Q

How urgent is compliance with SB1362?

The compliance urgency for SB1362 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB1362?

The cost impact of SB1362 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1362 address?

SB1362 addresses topics including crimes, crimes--miscellaneous, weapons, anti-red flag act and federal relations.

Legislative data provided by LegiScanLast updated: November 25, 2025

Need Strategic Guidance on This Bill?

Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.