83R6368 PEP-D
By: Laubenberg H.B. No. 1049
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. 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. Chapter 1, Penal Code, is amended by adding
Section 1.10 to read as follows:
Sec. 1.10. REGULATION OF INTRASTATE FIREARMS, FIREARM
ACCESSORIES, AND FIREARM AMMUNITION. (a) In this section:
(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 a firearm. The term includes a detachable firearm
magazine.
(b) A state or local government officer, agent, employee, or
representative may not enforce or attempt to enforce any federal
statute, order, rule, or regulation that:
(1) purports to regulate a firearm, a firearm
accessory, or firearm ammunition that remains exclusively within
the borders of this state;
(2) took effect on or after January 1, 2013; and
(3) imposes a prohibition, restriction, or other
regulation, such as a capacity or size limitation or a registration
requirement, that does not exist under the laws of this state.
(c) On written notice to the attorney general by a resident
of this state of the resident's intent to engage in an act that is
consistent with state law but may contradict a federal statute,
order, rule, or regulation described by Subsection (b), the
attorney general may seek a declaratory judgment from a federal
district court in this state that this section is consistent with
the United States Constitution.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.