Texas 2013 - 83rd Regular

Texas House Bill HB1076 Compare Versions

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1	1	By: Toth, et al. (Senate Sponsor - Paxton) H.B. No. 1076
2	2	(In the Senate - Received from the House May 7, 2013;
3	3	May 9, 2013, read first time and referred to Committee on
4	4	Agriculture, Rural Affairs, and Homeland Security; May 15, 2013,
5	5	reported favorably by the following vote: Yeas 3, Nays 1;
6	6	May 15, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to certain firearms, firearm accessories, and firearm
12	12	ammunition within the State of Texas; providing an exemption from
13	13	federal regulation and providing penalties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. The Legislature of the State of Texas finds that:
16	16	(1) The Tenth Amendment to the United States
17	17	Constitution reserves to the states and the people all powers not
18	18	granted to the federal government elsewhere in the constitution, as
19	19	those powers were understood at the time Texas was admitted to
20	20	statehood in 1845. The guaranty of those powers is a matter of
21	21	contract between the state and people of Texas and the United States
22	22	dating from the time Texas became a state.
23	23	(2) The Ninth Amendment to the United States
24	24	Constitution guarantees to the people rights not enumerated in the
25	25	constitution, as those rights were understood at the time Texas
26	26	became a state. The guaranty of those rights is a matter of
27	27	contract between the state and people of Texas and the United States
28	28	dating from the time Texas became a state.
29	29	(3) The Second Amendment to the United States
30	30	Constitution guarantees the right of the people to keep and bear
31	31	arms, as that right was understood at the time Texas became a state.
32	32	The guaranty of that right is a matter of contract between the state
33	33	and people of Texas and the United States dating from the time Texas
34	34	became a state.
35	35	(4) Section 23, Article I, Texas Constitution, secures
36	36	to Texas citizens the right to keep and bear arms. That
37	37	constitutional protection is unchanged from the date the
38	38	constitution was adopted in 1876.
39	39	SECTION 2. The Penal Code is amended by adding Chapter 40 to
40	40	read as follows:
41	41	CHAPTER 40. THE TEXAS FIREARM PROTECTION ACT
42	42	Sec. 40.01. This chapter may be cited as the Texas Firearm
43	43	Protection Act.
44	44	Sec. 40.02. DEFINITIONS. In this chapter:
45	45	(1) "Firearm" has the meaning assigned by Section
46	46	46.01.
47	47	(2) "Firearm accessory" means an item that is used in
48	48	conjunction with or mounted on a firearm but is not essential to the
49	49	basic function of the firearm. The term includes a detachable
50	50	firearm magazine.
51	51	Sec. 40.03. STATE AND LOCAL GOVERNMENT POLICY REGARDING
52	52	ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) This section applies to:
53	53	(1) the State of Texas, including an agency,
54	54	department, commission, bureau, board, office, council, court, or
55	55	other entity that is in any branch of state government and that is
56	56	created by the constitution or a statute of this state, including a
57	57	university system or a system of higher education;
58	58	(2) the governing body of a municipality, county, or
59	59	special district or authority;
60	60	(3) an officer, employee, or other body that is part of
61	61	a municipality, county, or special district or authority, including
62	62	a sheriff, municipal police department, municipal attorney, or
63	63	county attorney; and
64	64	(4) a district attorney or criminal district attorney.
65	65	(b) An entity described by Subsection (a) may not adopt a
66	66	rule, order, ordinance, or policy under which the entity enforces,
67	67	or by consistent action allows the enforcement of, a federal
68	68	statute, order, rule, or regulation enacted on or after January 1,
69	69	2013, that purports to regulate a firearm, a firearm accessory, or
70	70	firearm ammunition if the statute, order, rule, or regulation
71	71	imposes a prohibition, restriction, or other regulation, such as
72	72	capacity or size limitation, a registration requirement, or a
73	73	background check, that does not exist under the laws of this state.
74	74	(c) No entity described by Subsection (a) and no person
75	75	employed by or otherwise under the direction or control of the
76	76	entity may enforce or attempt to enforce any federal statute,
77	77	order, rule, or regulation described by Subsection (b).
78	78	(d) An entity described by Subsection (a) may not receive
79	79	state grant funds if the entity adopts a rule, order, ordinance, or
80	80	policy under which the entity enforces any federal laws described
81	81	by Subsection (b) or, by consistent actions, allows the enforcement
82	82	of any federal laws described by Subsection (b). State grant funds
83	83	for the entity shall be denied for the fiscal year following the
84	84	year in which a final judicial determination in an action brought
85	85	under this section is made that the entity has violated Subsection
86	86	(b).
87	87	(e) Any citizen residing in the jurisdiction of an entity
88	88	described by Subsection (a) may file a complaint with the attorney
89	89	general if the citizen offers evidence to support an allegation
90	90	that the entity has adopted a rule, order, ordinance, or policy
91	91	under which the entity enforces the federal laws described by
92	92	Subsection (b) or that the entity, by consistent actions, allows
93	93	the enforcement of any laws described by Subsection (b). The
94	94	citizen must include with the complaint the evidence the citizen
95	95	has that supports the complaint.
96	96	(f) If the attorney general determines that a complaint
97	97	filed under Subsection (e) against an entity described by
98	98	Subsection (a) is valid, the attorney general may file a petition
99	99	for a writ of mandamus or apply for other appropriate equitable
100	100	relief in a district court in Travis County or in a county in which
101	101	the principal office of an entity described by Subsection (a) is
102	102	located to compel the entity that adopts a rule, order, ordinance,
103	103	or policy under which the local entity enforces the laws described
104	104	by Subsection (b) or that, by consistent actions, allows the
105	105	enforcement of the laws described by Subsection (b), to comply with
106	106	this section. The attorney general may recover reasonable expenses
107	107	incurred in obtaining relief under this subsection, including court
108	108	costs, reasonable attorney's fees, investigative costs, witness
109	109	fees, and deposition costs.
110	110	(g) An appeal of a suit brought under Subsection (f) is
111	111	governed by the procedures for accelerated appeals in civil cases
112	112	under the Texas Rules of Appellate Procedure. The appellate court
113	113	shall render its final order or judgment with the least possible
114	114	delay.
115	115	(h) A person commits an offense if, in the person's official
116	116	capacity as an officer of an entity described by Subsection (a), or
117	117	as a person employed by or otherwise under the direction or control
118	118	of the entity, or under color of law, knowingly enforces or attempts
119	119	to enforce any federal statute, order, rule, or regulation
120	120	described by Subsection (b). An offense under this subsection is a
121	121	Class A misdemeanor.
122	122	SECTION 3. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act shall take effect September 1, 2013.
127	127	* * * * *