84R7664 LEH-D
By: Hall, Kolkhorst, Perry S.B. No. 438
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting public funds from being used to enforce
certain federal or international 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. Title 1, Government Code, is amended by adding
Chapter 2 to read as follows:
CHAPTER 2. GENERAL PROVISIONS RELATING TO USE OF PUBLIC FUNDS
Sec. 2.001. PROHIBITION ON USE OF PUBLIC FUNDS TO ENFORCE
CERTAIN FEDERAL OR INTERNATIONAL LAWS REGULATING FIREARMS, FIREARM
ACCESSORIES, AND FIREARM AMMUNITION. (a) In this section:
(1) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(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) This section applies to:
(1) the State of Texas, including an agency,
department, commission, bureau, board, office, council, court, or
other entity that is in any branch of state government and that is
created by the constitution or a statute of this state, including a
university system or a system of higher education;
(2) the governing body of a municipality, county, or
special district or authority;
(3) an officer, employee, or other body that is part of
a municipality, county, or special district or authority, including
a sheriff, municipal police department, municipal attorney, or
county attorney; and
(4) a district attorney or criminal district attorney.
(c) Notwithstanding any other law, an entity described by
Subsection (b) may not use public funds to enforce a federal
statute, order, rule, or regulation or an international law
purporting to regulate a firearm, a firearm accessory, or firearm
ammunition, or the carrying of those items, if the federal statute,
order, rule, or regulation or international law imposes a
prohibition, restriction, or other regulation, such as a capacity,
size, or configuration limitation, that does not exist under the
laws of this state.
(d) An entity described by Subsection (b) may not receive
state grant funds if the entity adopts a rule, order, ordinance, or
policy under which the entity requires the enforcement of any
federal statute, order, rule, or regulation or an international law
described by Subsection (c) or, by consistent actions, requires the
enforcement of any federal statute, order, rule, or regulation or
an international law described by Subsection (c). State grant
funds for the entity 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 entity has
intentionally required the enforcement of any federal statute,
order, rule, or regulation or an international law described by
Subsection (c).
(e) Any citizen residing in the jurisdiction of an entity
described by Subsection (b) may file a complaint with the attorney
general if the citizen offers evidence to support an allegation
that the entity has adopted a rule, order, ordinance, or policy
under which the entity requires the enforcement of any federal
statute, order, rule, or regulation or an international law
described by Subsection (c) or that the entity, by consistent
actions, requires the enforcement of any federal statute, order,
rule, or regulation or an international law described by Subsection
(c). 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 an entity described by
Subsection (b) 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 entity is located to compel the entity
to comply with Subsection (c). 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 entity described
by Subsection (b) 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.