Texas 2015 - 84th Regular

Texas Senate Bill SB438 Compare Versions

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

Old	New	Differences
1	1	84R7664 LEH-D
2	2	By: Hall, Kolkhorst, Perry S.B. No. 438
3	3
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5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting public funds from being used to enforce
8	8	certain federal or international laws regulating firearms, firearm
9	9	accessories, and firearm ammunition within the State of Texas.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 1, Government Code, is amended by adding
12	12	Chapter 2 to read as follows:
13	13	CHAPTER 2. GENERAL PROVISIONS RELATING TO USE OF PUBLIC FUNDS
14	14	Sec. 2.001. PROHIBITION ON USE OF PUBLIC FUNDS TO ENFORCE
15	15	CERTAIN FEDERAL OR INTERNATIONAL LAWS REGULATING FIREARMS, FIREARM
16	16	ACCESSORIES, AND FIREARM AMMUNITION. (a) In this section:
17	17	(1) "Firearm" has the meaning assigned by Section
18	18	46.01, Penal Code.
19	19	(2) "Firearm accessory" means an item that is used in
20	20	conjunction with or mounted on a firearm but is not essential to the
21	21	basic function of a firearm. The term includes a detachable firearm
22	22	magazine.
23	23	(b) This section applies to:
24	24	(1) the State of Texas, including an agency,
25	25	department, commission, bureau, board, office, council, court, or
26	26	other entity that is in any branch of state government and that is
27	27	created by the constitution or a statute of this state, including a
28	28	university system or a system of higher education;
29	29	(2) the governing body of a municipality, county, or
30	30	special district or authority;
31	31	(3) an officer, employee, or other body that is part of
32	32	a municipality, county, or special district or authority, including
33	33	a sheriff, municipal police department, municipal attorney, or
34	34	county attorney; and
35	35	(4) a district attorney or criminal district attorney.
36	36	(c) Notwithstanding any other law, an entity described by
37	37	Subsection (b) may not use public funds to enforce a federal
38	38	statute, order, rule, or regulation or an international law
39	39	purporting to regulate a firearm, a firearm accessory, or firearm
40	40	ammunition, or the carrying of those items, if the federal statute,
41	41	order, rule, or regulation or international law imposes a
42	42	prohibition, restriction, or other regulation, such as a capacity,
43	43	size, or configuration limitation, that does not exist under the
44	44	laws of this state.
45	45	(d) An entity described by Subsection (b) may not receive
46	46	state grant funds if the entity adopts a rule, order, ordinance, or
47	47	policy under which the entity requires the enforcement of any
48	48	federal statute, order, rule, or regulation or an international law
49	49	described by Subsection (c) or, by consistent actions, requires the
50	50	enforcement of any federal statute, order, rule, or regulation or
51	51	an international law described by Subsection (c). State grant
52	52	funds for the entity shall be denied for the fiscal year following
53	53	the year in which a final judicial determination in an action
54	54	brought under this section is made that the entity has
55	55	intentionally required the enforcement of any federal statute,
56	56	order, rule, or regulation or an international law described by
57	57	Subsection (c).
58	58	(e) Any citizen residing in the jurisdiction of an entity
59	59	described by Subsection (b) may file a complaint with the attorney
60	60	general if the citizen offers evidence to support an allegation
61	61	that the entity has adopted a rule, order, ordinance, or policy
62	62	under which the entity requires the enforcement of any federal
63	63	statute, order, rule, or regulation or an international law
64	64	described by Subsection (c) or that the entity, by consistent
65	65	actions, requires the enforcement of any federal statute, order,
66	66	rule, or regulation or an international law described by Subsection
67	67	(c). The citizen must include with the complaint the evidence the
68	68	citizen has that supports the complaint.
69	69	(f) If the attorney general determines that a complaint
70	70	filed under Subsection (e) against an entity described by
71	71	Subsection (b) is valid, the attorney general may file a petition
72	72	for a writ of mandamus or apply for other appropriate equitable
73	73	relief in a district court in Travis County or in a county in which
74	74	the principal office of the entity is located to compel the entity
75	75	to comply with Subsection (c). The attorney general may recover
76	76	reasonable expenses incurred in obtaining relief under this
77	77	subsection, including court costs, reasonable attorney's fees,
78	78	investigative costs, witness fees, and deposition costs.
79	79	(g) An appeal of a suit brought under Subsection (f) is
80	80	governed by the procedures for accelerated appeals in civil cases
81	81	under the Texas Rules of Appellate Procedure. The appellate court
82	82	shall render its final order or judgment with the least possible
83	83	delay.
84	84	(h) The attorney general shall defend any entity described
85	85	by Subsection (b) that the federal government attempts to sue or
86	86	prosecute for an action or omission consistent with the
87	87	requirements of this section.
88	88	SECTION 2. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2015.