87(R) HB 919 - Introduced version - Bill Text
  |
  |
 
|
A BILL TO BE ENTITLED
|
 
|
AN ACT
|
 
|
relating to the enforcement of certain federal laws regulating |
 
|
firearms, firearm accessories, and firearm ammunition within the |
 
|
State of Texas. |
 
|
             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
|
             SECTION  1.    Title 8, Penal Code, is amended by adding Chapter |
 
|
40 to read as follows: |
 
|
CHAPTER 40.  THE TEXAS FIREARM PROTECTION ACT |
 
|
             Sec.  40.01.    DEFINITIONS. In this chapter: |
 
|
                         (1)    "Firearm" has the meaning assigned by Section |
 
|
46.01. |
 
|
                         (2)    "Firearm accessory" means an item that is used in |
 
|
conjunction with or mounted on a firearm but is not essential to the |
 
|
basic function of the firearm. The term includes a detachable |
 
|
firearm magazine. |
 
|
             Sec.  40.02.    STATE AND LOCAL GOVERNMENT POLICY REGARDING |
 
|
ENFORCEMENT OF FEDERAL FIREARM LAWS.  (a)  This section applies to: |
 
|
                         (1)    the State of Texas, including an agency, |
 
|
department, commission, bureau, board, office, council, court, or |
 
|
other entity that is in any branch of state government and that is |
 
|
created by the constitution or a statute of this state, including a |
 
|
university system or a system of higher education; |
 
|
                         (2)    the governing body of a municipality, county, or |
 
|
special district or authority; |
 
|
                         (3)    an officer, employee, or other body that is part of |
 
|
a municipality, county, or special district or authority, including |
 
|
a sheriff, municipal police department, municipal attorney, or |
 
|
county attorney; and |
 
|
                         (4)    a district attorney or criminal district attorney. |
 
|
             (b)    An entity described by Subsection (a) may not adopt a |
 
|
rule, order, ordinance, or policy under which the entity enforces, |
 
|
or by consistent action allows the enforcement of, a federal |
 
|
statute, order, rule, or regulation enacted on or after September |
 
|
1, 2021, that purports to regulate a firearm, a firearm accessory, |
 
|
or firearm ammunition if the statute, order, rule, or regulation |
 
|
imposes a prohibition, restriction, or other regulation, such as a |
 
|
capacity or size limitation, a registration requirement, or a |
 
|
background check, that does not exist under the laws of this state. |
 
|
             (c)    No entity described by Subsection (a) and no person |
 
|
employed by or otherwise under the direction or control of the |
 
|
entity may enforce or attempt to enforce any federal statute, |
 
|
order, rule, or regulation described by Subsection (b). |
 
|
             (d)    An entity described by Subsection (a) may not receive |
 
|
state grant funds if the entity adopts a rule, order, ordinance, or |
 
|
policy under which the entity enforces any federal law described by |
 
|
Subsection (b) or, by consistent actions, allows the enforcement of |
 
|
any federal law described by Subsection (b).  State grant funds for |
 
|
the entity shall be denied for the fiscal year following the year in |
 
|
which a final judicial determination in an action brought under |
 
|
this section is made that the entity has violated Subsection (b). |
 
|
             (e)    Any citizen residing in the jurisdiction of an entity |
 
|
described by Subsection (a) may file a complaint with the attorney |
 
|
general if the citizen offers evidence to support an allegation |
 
|
that the entity has adopted a rule, order, ordinance, or policy |
 
|
under which the entity enforces a federal law described by |
 
|
Subsection (b) or an allegation that the entity, by consistent |
 
|
actions, allows the enforcement of a federal law described by |
 
|
Subsection (b).  The citizen must include with the complaint any |
 
|
evidence the citizen has in support of the complaint. |
 
|
             (f)    If the attorney general determines that a complaint |
 
|
filed under Subsection (e) against an entity described by |
 
|
Subsection (a) is valid, to compel the entity's compliance with |
 
|
this section the attorney general may file a petition for a writ of |
 
|
mandamus or apply for other appropriate equitable relief in a |
 
|
district court in Travis County or in a county in which the |
 
|
principal office of the entity is located.  The attorney general may |
 
|
recover reasonable expenses incurred in obtaining relief under this |
 
|
subsection, including court costs, reasonable attorney's fees, |
 
|
investigative costs, witness fees, and deposition costs. |
 
|
             (g)    An appeal of a suit brought under Subsection (f) is |
 
|
governed by the procedures for accelerated appeals in civil cases |
 
|
under the Texas Rules of Appellate Procedure.  The appellate court |
 
|
shall render its final order or judgment with the least possible |
 
|
delay. |
 
|
             SECTION  2.    This Act takes effect immediately if it receives |
 
|
a vote of two-thirds of all the members elected to each house, as |