87(R) HB 2622 - Enrolled version - Bill Text
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AN ACT
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relating to the enforcement of certain federal laws regulating |
 
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firearms, firearm accessories, and firearm ammunition within the |
 
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State of Texas. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    This Act may be cited as the Second Amendment |
 
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Sanctuary State Act. |
 
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             SECTION  2.    Chapter 1, Penal Code, is amended by adding |
 
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Section 1.10 to read as follows: |
 
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             Sec.  1.10.    ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING |
 
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FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION.  (a) In |
 
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this section: |
 
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                         (1)    "Ammunition"  has the meaning assigned by Section |
 
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229.001, Local Government Code. |
 
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                         (2)    "Firearm" has the meaning assigned by Section |
 
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46.01. |
 
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                         (3)    "Firearm accessory" means an item that is used in |
 
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conjunction with or mounted on a firearm but is not essential to the |
 
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basic function of the firearm. The term includes a detachable |
 
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firearm magazine. |
 
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                         (4)    "State funds"  means money appropriated by the |
 
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legislature or money under the control or direction of a state |
 
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agency. |
 
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             (b)    Notwithstanding any other law, an agency of this state, |
 
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a political subdivision of this state, or a law enforcement officer |
 
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or other person employed by an agency of this state or a political |
 
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subdivision of this state may not contract with or in any other |
 
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manner provide assistance to a federal agency or official with |
 
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respect to the enforcement of a federal statute, order, rule, or |
 
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regulation that: |
 
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                         (1)    imposes a prohibition, restriction, or other |
 
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regulation that does not exist under the laws of this state; and |
 
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                         (2)    relates to: |
 
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                                     (A)    a registry requirement for a firearm, a |
 
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firearm accessory, or ammunition; |
 
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                                     (B)    a requirement that an owner of a firearm, a |
 
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firearm accessory, or ammunition possess a license as a condition |
 
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of owning, possessing, or carrying the firearm, firearm accessory, |
 
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or ammunition; |
 
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                                     (C)    a requirement that a background check be |
 
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conducted for the private sale or transfer of a firearm, a firearm |
 
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accessory, or ammunition; |
 
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                                     (D)    a program for confiscating a firearm, a |
 
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firearm accessory, or ammunition from a person who is not otherwise |
 
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prohibited by the laws of this state from possessing the firearm, |
 
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firearm accessory, or ammunition; or |
 
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                                     (E)    a program that requires an owner of a |
 
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firearm, a firearm accessory, or ammunition to sell the firearm, |
 
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firearm accessory, or ammunition. |
 
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             (c)    Subsection (b) does not apply to a contract or agreement |
 
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to provide assistance in the enforcement of a federal statute, |
 
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order, rule, or regulation in effect on January 19, 2021. |
 
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             (d)    A political subdivision of this state may not receive |
 
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state funds if the political subdivision enters into a contract or |
 
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adopts a rule, order, ordinance, or policy under which the |
 
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political subdivision requires or assists with the enforcement of |
 
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any federal statute, order, rule, or regulation described by |
 
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Subsection (b) or, by consistent actions, requires or assists with |
 
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the enforcement of any federal statute, order, rule, or regulation |
 
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described by Subsection (b). State funds for the political |
 
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subdivision shall be denied for the fiscal year following the year |
 
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in which a final judicial determination in an action brought under |
 
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this section is made that the political subdivision has required or |
 
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assisted with the enforcement of any federal statute, order, rule, |
 
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or regulation described by Subsection (b). |
 
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             (e)    Any individual residing in the jurisdiction of a |
 
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political subdivision of this state may file a complaint with the |
 
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attorney general if the individual offers evidence to support an |
 
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allegation that the political subdivision has entered into a |
 
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contract or adopted a rule, order, ordinance, or policy under which |
 
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the political subdivision requires or assists with the enforcement |
 
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of any federal statute, order, rule, or regulation described by |
 
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Subsection (b) or evidence to support an allegation that the |
 
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political subdivision, by consistent actions, requires or assists |
 
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with the enforcement of any federal statute, order, rule, or |
 
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regulation described by Subsection (b). The individual must |
 
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