84R2093 LEH-D
By: Krause, et al. H.B. No. 422
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. Chapter 1, Penal Code, is amended by adding
Section 1.10 to read as follows:
Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING
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) An agency of this state or a political subdivision of
this state, and a law enforcement officer or other person employed
by an agency of this state or a political subdivision of this state,
may not contract with or in any other manner provide assistance to a
federal agency or official with respect to the enforcement of a
federal statute, order, rule, or regulation purporting to regulate
a firearm, a firearm accessory, or firearm ammunition if the
statute, order, rule, or regulation 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) Subsection (b) does not apply to a contract or agreement
to provide assistance in the enforcement of a federal statute,
order, rule, or regulation in effect on August 31, 2015, that
pertains to border security.
(d) A political subdivision of this state may not receive
state grant funds if the political subdivision adopts a rule,
order, ordinance, or policy under which the political subdivision
requires the enforcement of any federal statute, order, rule, or
regulation described by Subsection (b) or, by consistent actions,
requires the enforcement of any federal statute, order, rule, or
regulation described by Subsection (b). State grant funds for the
political subdivision shall be denied for the fiscal year following
the year in which a final judicial determination in an action
brought under this section is made that the political subdivision
has intentionally required the enforcement of any federal statute,
order, rule, or regulation described by Subsection (b).
(e) Any citizen residing in the jurisdiction of a political
subdivision of this state may file a complaint with the attorney
general if the citizen offers evidence to support an allegation
that the political subdivision has adopted a rule, order,
ordinance, or policy under which the political subdivision requires
the enforcement of any federal statute, order, rule, or regulation
described by Subsection (b) or that the political subdivision, by
consistent actions, requires the enforcement of any federal
statute, order, rule, or regulation described by Subsection (b).
The citizen must include with the complaint the evidence the
citizen has that supports the complaint.
(f) If the attorney general determines that a complaint
filed under Subsection (e) against a political subdivision of this
state is valid, the attorney general may file a petition for a writ
of mandamus or apply for other appropriate equitable relief in a
district court in Travis County or in a county in which the
principal office of the political subdivision is located to compel
the political subdivision to comply with Subsection (b). The
attorney general may recover reasonable expenses incurred in
obtaining relief under this subsection, including court costs,
reasonable attorney's fees, investigative costs, witness fees, and
deposition costs.
(g) An appeal of a suit brought under Subsection (f) is
governed by the procedures for accelerated appeals in civil cases
under the Texas Rules of Appellate Procedure. The appellate court
shall render its final order or judgment with the least possible
delay.
(h) The attorney general shall defend any agency or
political subdivision of this state that the federal government
attempts to sue or prosecute for an action or omission consistent
with the requirements of this section.
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, 2015.