Texas 2015 - 84th Regular

Texas House Bill HB422 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R2093 LEH-D
2	2	By: Krause, et al. H.B. No. 422
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of certain federal laws regulating
8	8	firearms, firearm accessories, and firearm ammunition within the
9	9	State of Texas.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 1, Penal Code, is amended by adding
12	12	Section 1.10 to read as follows:
13	13	Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING
14	14	FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (a) In
15	15	this section:
16	16	(1) "Firearm" has the meaning assigned by Section
17	17	46.01.
18	18	(2) "Firearm accessory" means an item that is used in
19	19	conjunction with or mounted on a firearm but is not essential to the
20	20	basic function of a firearm. The term includes a detachable firearm
21	21	magazine.
22	22	(b) An agency of this state or a political subdivision of
23	23	this state, and a law enforcement officer or other person employed
24	24	by an agency of this state or a political subdivision of this state,
25	25	may not contract with or in any other manner provide assistance to a
26	26	federal agency or official with respect to the enforcement of a
27	27	federal statute, order, rule, or regulation purporting to regulate
28	28	a firearm, a firearm accessory, or firearm ammunition if the
29	29	statute, order, rule, or regulation imposes a prohibition,
30	30	restriction, or other regulation, such as a capacity or size
31	31	limitation or a registration requirement, that does not exist under
32	32	the laws of this state.
33	33	(c) Subsection (b) does not apply to a contract or agreement
34	34	to provide assistance in the enforcement of a federal statute,
35	35	order, rule, or regulation in effect on August 31, 2015, that
36	36	pertains to border security.
37	37	(d) A political subdivision of this state may not receive
38	38	state grant funds if the political subdivision adopts a rule,
39	39	order, ordinance, or policy under which the political subdivision
40	40	requires the enforcement of any federal statute, order, rule, or
41	41	regulation described by Subsection (b) or, by consistent actions,
42	42	requires the enforcement of any federal statute, order, rule, or
43	43	regulation described by Subsection (b). State grant funds for the
44	44	political subdivision shall be denied for the fiscal year following
45	45	the year in which a final judicial determination in an action
46	46	brought under this section is made that the political subdivision
47	47	has intentionally required the enforcement of any federal statute,
48	48	order, rule, or regulation described by Subsection (b).
49	49	(e) Any citizen residing in the jurisdiction of a political
50	50	subdivision of this state may file a complaint with the attorney
51	51	general if the citizen offers evidence to support an allegation
52	52	that the political subdivision has adopted a rule, order,
53	53	ordinance, or policy under which the political subdivision requires
54	54	the enforcement of any federal statute, order, rule, or regulation
55	55	described by Subsection (b) or that the political subdivision, by
56	56	consistent actions, requires the enforcement of any federal
57	57	statute, order, rule, or regulation described by Subsection (b).
58	58	The citizen must include with the complaint the evidence the
59	59	citizen has that supports the complaint.
60	60	(f) If the attorney general determines that a complaint
61	61	filed under Subsection (e) against a political subdivision of this
62	62	state is valid, the attorney general may file a petition for a writ
63	63	of mandamus or apply for other appropriate equitable relief in a
64	64	district court in Travis County or in a county in which the
65	65	principal office of the political subdivision is located to compel
66	66	the political subdivision to comply with Subsection (b). The
67	67	attorney general may recover reasonable expenses incurred in
68	68	obtaining relief under this subsection, including court costs,
69	69	reasonable attorney's fees, investigative costs, witness fees, and
70	70	deposition costs.
71	71	(g) An appeal of a suit brought under Subsection (f) is
72	72	governed by the procedures for accelerated appeals in civil cases
73	73	under the Texas Rules of Appellate Procedure. The appellate court
74	74	shall render its final order or judgment with the least possible
75	75	delay.
76	76	(h) The attorney general shall defend any agency or
77	77	political subdivision of this state that the federal government
78	78	attempts to sue or prosecute for an action or omission consistent
79	79	with the requirements of this section.
80	80	SECTION 2. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2015.