83R5687 PEP-D
By: Creighton, Price, et al. H.B. No. 1314
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful seizure of a firearm by a governmental
officer or employee; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 46, Penal Code, is amended by adding
Section 46.16 to read as follows:
Sec. 46.16. UNLAWFUL SEIZURE OF FIREARM. (a) A person who
is an officer or employee of the United States, this state, or a
political subdivision of this state commits an offense if the
person, while acting under color of the person's office or
employment, intentionally or knowingly seizes a firearm as
permitted or required by a federal statute, order, rule, or
regulation that imposes a prohibition, restriction, or other
regulation on firearms that does not exist under the laws of this
state.
(b) For purposes of this section, a person acts under color
of the person's office or employment if the person acts or purports
to act in an official capacity or takes advantage of such actual or
purported capacity.
(c) An offense under this section is a Class A misdemeanor.
(d) It is an exception to the application of this section
that the person's seizure of a firearm was consistent with an
explicit and applicable grant of federal statutory authority that
is consistent with the United States Constitution.
(e) The prosecution may negate the existence of the
exception provided by Subsection (d) only by proving beyond a
reasonable doubt that, based on a decision entered by the United
States Supreme Court on or after September 1, 2013, the federal
statute, order, rule, or regulation described by Subsection (a) is
not within the scope of federal powers conferred by the United
States Constitution.
SECTION 2. 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.