Texas 2015 - 84th Regular

Texas House Bill HB176 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R432 SCL-F
2	2	By: Kleinschmidt H.B. No. 176
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to protection of the right to keep and bear arms within the
8	8	State of Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Second Amendment
11	11	Preservation Act.
12	12	SECTION 2. The legislature finds and declares the
13	13	following:
14	14	(1) The legislature is firmly resolved to support and
15	15	defend the United States Constitution against every aggression,
16	16	either foreign or domestic, and oppose every infraction of the
17	17	principles that constitute the basis of the union of the states
18	18	because only a faithful observance of those principles can secure
19	19	the nation's existence and the public's happiness.
20	20	(2) Acting through the United States Constitution, the
21	21	people of the several states created the federal government to be
22	22	the people's agent in the exercise of a few defined powers, while
23	23	reserving to the state governments the power to legislate on
24	24	matters that concern the lives, liberties, and properties of
25	25	citizens in the ordinary course of affairs.
26	26	(3) The limitation of the federal government's power
27	27	is affirmed under the Tenth Amendment to the United States
28	28	Constitution, which defines the total scope of federal power as
29	29	being that which has been delegated by the people to the federal
30	30	government, and all power not delegated to the federal government
31	31	in the United States Constitution is reserved to the states or to
32	32	the people.
33	33	(4) If the federal government assumes powers that the
34	34	people did not grant to the federal government in the United States
35	35	Constitution, the federal government's acts are unauthoritative,
36	36	void, and of no force.
37	37	(5) The several states respect the proper role of the
38	38	federal government, but reject the proposition that such respect
39	39	requires unlimited submission. If the federal government, created
40	40	by compact among the states, was the exclusive or final judge of the
41	41	extent of the powers granted to the federal government by the states
42	42	through the constitution, the federal government's discretion, and
43	43	not the constitution, would necessarily become the measure of those
44	44	powers. To the contrary, as in all other cases of compacts among
45	45	powers having no common judge, each party has an equal right to
46	46	judge whether infractions of the compact have occurred, as well as
47	47	to determine the mode and measure of redress. Although the states
48	48	have granted supremacy to laws and treaties made pursuant to the
49	49	powers granted in the constitution, that supremacy does not extend
50	50	to various federal statutes, executive orders, administrative
51	51	orders, court orders, rules, regulations, and other actions that
52	52	restrict or prohibit the manufacture, ownership, and use of
53	53	firearms, firearm accessories, or firearm ammunition exclusively
54	54	within the borders of Texas. Such federal actions exceed the powers
55	55	granted to the federal government except to the extent that they are
56	56	necessary and proper for governing the United States armed forces
57	57	or militia forces actively employed in the service of the armed
58	58	forces.
59	59	(6) The people of the several states have, in Article
60	60	I, Section 8, of the United States Constitution, given Congress the
61	61	power "to regulate Commerce with foreign Nations, and among the
62	62	several States," but "regulating commerce" does not include the
63	63	power to limit citizens' right to keep and bear arms in defense of
64	64	the citizens' families, neighbors, persons, or property, or to
65	65	dictate as to what type of arms and accessories law-abiding,
66	66	mentally competent Texans may buy, sell, exchange, or otherwise
67	67	possess within the borders of this state.
68	68	(7) The people of the several states have, in Article
69	69	I, Section 8, of the United States Constitution, also granted
70	70	Congress the power to "lay and collect Taxes, Duties, Imposts and
71	71	Excises, to pay the Debts and provide for the common Defence and
72	72	general Welfare of the United States" and to "make all Laws which
73	73	shall be necessary and proper for carrying into Execution the . . .
74	74	Powers vested by [the] Constitution in the Government of the United
75	75	States, or in any Department or Officer thereof." These
76	76	constitutional provisions merely identify the means by which the
77	77	federal government may execute the federal government's limited
78	78	powers and ought not to be construed to grant unlimited powers
79	79	because to do so would destroy the carefully constructed
80	80	equilibrium between the federal and state governments.
81	81	Consequently, the legislature rejects any claim that the taxing and
82	82	spending powers of Congress can be used to diminish in any way the
83	83	right of the people to keep and bear arms.
84	84	(8) The people of Texas have vested the legislature
85	85	with the authority to regulate the manufacture, possession,
86	86	exchange, and use of firearms within the borders of this state,
87	87	subject only to the limits imposed by the Second Amendment to the
88	88	United States Constitution and Section 23, Article I, Texas
89	89	Constitution.
90	90	(9) The legislature strongly encourages responsible
91	91	gun ownership, including parental supervision of minors in the
92	92	proper use, storage, and ownership of all firearms, the prompt
93	93	reporting of stolen firearms, and the proper enforcement of all
94	94	state gun laws. The legislature condemns any unlawful transfer of
95	95	firearms and the use of any firearm in any unlawful activity.
96	96	SECTION 3. Title 5, Civil Practice and Remedies Code, is
97	97	amended by adding Chapter 115 to read as follows:
98	98	CHAPTER 115. PROTECTION OF RIGHT TO KEEP AND BEAR ARMS
99	99	Sec. 115.001. DEFINITIONS. In this chapter:
100	100	(1) "Government agency" means:
101	101	(A) this state or a municipality or other
102	102	political subdivision of this state; and
103	103	(B) any agency of this state or a municipality or
104	104	other political subdivision of this state, including a department,
105	105	bureau, board, commission, office, agency, council, or public
106	106	institution of higher education.
107	107	(2) "Law-abiding citizen" means an individual who:
108	108	(A) is legally present in this state; and
109	109	(B) may, under the laws of this state, possess a
110	110	firearm.
111	111	(3) "Right to keep and bear arms" means the right
112	112	guaranteed by the Second Amendment to the United States
113	113	Constitution and Section 23, Article I, Texas Constitution.
114	114	Sec. 115.002. CERTAIN FEDERAL LAW REGULATING FIREARMS
115	115	INVALID. A federal law, including a statute, an executive,
116	116	administrative, or court order, or a rule, that infringes on a
117	117	law-abiding citizen's right to keep and bear arms under the Second
118	118	Amendment to the United States Constitution or Section 23, Article
119	119	I, Texas Constitution, is invalid and not enforceable in this
120	120	state. A federal law that infringes on a law-abiding citizen's
121	121	right to keep and bear arms includes a law that:
122	122	(1) imposes a tax, fee, or stamp on a firearm, firearm
123	123	accessory, or firearm ammunition that is not common to all other
124	124	goods and services and may be reasonably expected to create a
125	125	chilling effect on the purchase or ownership of those items by a
126	126	law-abiding citizen;
127	127	(2) requires the registration or tracking of a
128	128	firearm, firearm accessory, or firearm ammunition or the owners of
129	129	those items that may be reasonably expected to create a chilling
130	130	effect on the purchase or ownership of those items by a law-abiding
131	131	citizen;
132	132	(3) prohibits the possession, ownership, use, or
133	133	transfer of a firearm, firearm accessory, or firearm ammunition by
134	134	a law-abiding citizen; and
135	135	(4) orders the confiscation of a firearm, firearm
136	136	accessory, or firearm ammunition from a law-abiding citizen.
137	137	Sec. 115.003. DUTIES OF COURTS AND LAW ENFORCEMENT
138	138	AGENCIES; ENFORCEMENT BY GOVERNMENT EMPLOYEES, OFFICIALS, AND
139	139	AGENCIES PROHIBITED. (a) Each state court and law enforcement
140	140	agency of this state shall protect a law-abiding citizen's right to
141	141	keep and bear arms.
142	142	(b) A government agency or an employee or an official of a
143	143	government agency may not enforce a federal law described by
144	144	Section 115.002.
145	145	Sec. 115.004. REMEDIES. (a) A person who knowingly
146	146	violates Section 115.003(b) is liable under this section to a
147	147	law-abiding citizen whose right to keep and bear arms was infringed
148	148	by the person.
149	149	(b) A law-abiding citizen described by Subsection (a) may
150	150	recover:
151	151	(1) declaratory relief under Chapter 37;
152	152	(2) injunctive relief to prevent the threatened
153	153	violation or continued violation;
154	154	(3) compensatory damages for pecuniary and
155	155	nonpecuniary losses; and
156	156	(4) reasonable attorney's fees, court costs, and other
157	157	reasonable expenses required in bringing the action.
158	158	Sec. 115.005. NOTICE; RIGHT TO ACCOMMODATE. (a) A claimant
159	159	may not bring an action to assert a claim under this chapter unless,
160	160	60 days before bringing the action, the claimant gives to the person
161	161	who violated Section 115.003(b), by certified mail, return receipt
162	162	requested, written notice:
163	163	(1) that the person has taken or proposes to take an
164	164	enforcement action infringing on the claimant's right to keep and
165	165	bear arms; and
166	166	(2) of the particular enforcement action giving rise
167	167	to the infringement.
168	168	(b) Notwithstanding Subsection (a), a claimant may, within
169	169	the 60-day period established by Subsection (a), bring an action
170	170	for declaratory or injunctive relief and associated attorney's
171	171	fees, court costs, and other reasonable expenses, if:
172	172	(1) infringement on the claimant's right to keep and
173	173	bear arms is imminent; and
174	174	(2) the claimant was not informed and did not
175	175	otherwise have knowledge of the enforcement action in time to
176	176	reasonably provide the notice.
177	177	(c) A person who receives a notice under Subsection (a) may
178	178	cure the infringement on the claimant's right to keep and bear arms.
179	179	(d) A claimant with respect to whom an infringement on the
180	180	claimant's right to keep and bear arms has been cured may not bring
181	181	an action under Section 115.004.
182	182	Sec. 115.006. ONE-YEAR LIMITATIONS PERIOD. (a) A claimant
183	183	must bring an action to assert a claim for damages under this
184	184	chapter not later than one year after the date the claimant knew or
185	185	should have known of the infringement on the claimant's right to
186	186	keep and bear arms.
187	187	(b) Mailing notice under Section 115.005 tolls the
188	188	limitations period established under this section until the 75th
189	189	day after the date on which the notice was mailed.
190	190	Sec. 115.007. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED;
191	191	NO OFFICIAL IMMUNITY. (a) Sovereign and governmental immunity to
192	192	suit and from liability is waived and abolished to the extent of
193	193	liability created by Section 115.004, and a claimant may sue a
194	194	government agency for damages allowed by that section.
195	195	(b) The affirmative defense of official immunity is not
196	196	available to an employee or official sued under Section 115.004.
197	197	(c) Notwithstanding Subsection (a), this chapter does not
198	198	waive or abolish sovereign immunity to suit and from liability
199	199	under the Eleventh Amendment to the United States Constitution.
200	200	SECTION 4. This Act applies only to an infringement on the
201	201	right to keep and bear arms that occurs on or after the effective
202	202	date of this Act.
203	203	SECTION 5. This Act takes effect September 1, 2015.