87(R) SB 513 - Engrossed 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; creating a criminal offense. |
 
|
             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
|
             SECTION  1.    The Legislature of the State of Texas finds that: |
 
|
                         (1)    The Tenth Amendment to the United States |
 
|
Constitution reserves to the states and the people all powers not |
 
|
granted to the federal government elsewhere in the constitution, as |
 
|
those powers were understood at the time Texas was admitted to |
 
|
statehood in 1845.  The guaranty of those powers is a matter of |
 
|
contract between the state and people of Texas and the United States |
 
|
dating from the time Texas became a state. |
 
|
                         (2)    The Ninth Amendment to the United States |
 
|
Constitution guarantees to the people rights not enumerated in the |
 
|
constitution, as those rights were understood at the time Texas |
 
|
became a state.  The guaranty of those rights is a matter of |
 
|
contract between the state and people of Texas and the United States |
 
|
dating from the time Texas became a state. |
 
|
                         (3)    The Second Amendment to the United States |
 
|
Constitution guarantees the right of the people to keep and bear |
 
|
arms, as that right was understood at the time Texas became a state.   |
 
|
The guaranty of that right is a matter of contract between the state |
 
|
and people of Texas and the United States dating from the time Texas |
 
|
became a state. |
 
|
                         (4)    Section 23, Article I, Texas Constitution, secures |
 
|
to Texas citizens the right to keep and bear arms.  That |
 
|
constitutional protection is unchanged from the date the |
 
|
constitution was adopted in 1876. |
 
|
             SECTION  2.    Title 8, Penal Code, is amended by adding Chapter |
 
|
40 to read as follows: |
 
|
CHAPTER 40.  THE TEXAS FIREARM PROTECTION ACT |
 
|
             Sec.  40.01.    SHORT TITLE.  This chapter may be cited as the |
 
|
Texas Firearm Protection Act. |
 
|
             Sec.  40.02.    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.  40.03.    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 January 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). |
|