Texas 2017 - 85th Regular

Texas House Bill HB99 Compare Versions

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

Old	New	Differences
1	1	85R1498 LHC-F
2	2	By: Keough H.B. No. 99
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; creating a
9	9	criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 8, Penal Code, is amended by adding Chapter
12	12	40 to read as follows:
13	13	CHAPTER 40. THE TEXAS FIREARM PROTECTION ACT
14	14	Sec. 40.01. DEFINITIONS. In this chapter:
15	15	(1) "Firearm" has the meaning assigned by Section
16	16	46.01.
17	17	(2) "Firearm accessory" means an item that is used in
18	18	conjunction with or mounted on a firearm but is not essential to the
19	19	basic function of the firearm. The term includes a detachable
20	20	firearm magazine.
21	21	Sec. 40.02. STATE AND LOCAL GOVERNMENT POLICY REGARDING
22	22	ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) This section applies to:
23	23	(1) the State of Texas, including an agency,
24	24	department, commission, bureau, board, office, council, court, or
25	25	other entity that is in any branch of state government and that is
26	26	created by the constitution or a statute of this state, including a
27	27	university system or a system of higher education;
28	28	(2) the governing body of a municipality, county, or
29	29	special district or authority;
30	30	(3) an officer, employee, or other body that is part of
31	31	a municipality, county, or special district or authority, including
32	32	a sheriff, municipal police department, municipal attorney, or
33	33	county attorney; and
34	34	(4) a district attorney or criminal district attorney.
35	35	(b) An entity described by Subsection (a) may not adopt a
36	36	rule, order, ordinance, or policy under which the entity enforces,
37	37	or by consistent action allows the enforcement of, a federal
38	38	statute, order, rule, or regulation enacted on or after September
39	39	1, 2017, that purports to regulate a firearm, a firearm accessory,
40	40	or firearm ammunition if the statute, order, rule, or regulation
41	41	imposes a prohibition, restriction, or other regulation, such as a
42	42	capacity or size limitation, a registration requirement, or a
43	43	background check, that does not exist under the laws of this state.
44	44	(c) No entity described by Subsection (a) and no person
45	45	employed by or otherwise under the direction or control of the
46	46	entity may enforce or attempt to enforce any federal statute,
47	47	order, rule, or regulation described by Subsection (b).
48	48	(d) An entity described by Subsection (a) may not receive
49	49	state grant funds if the entity adopts a rule, order, ordinance, or
50	50	policy under which the entity enforces any federal law described by
51	51	Subsection (b) or, by consistent actions, allows the enforcement of
52	52	any federal law described by Subsection (b). State grant funds for
53	53	the entity shall be denied for the fiscal year following the year in
54	54	which a final judicial determination in an action brought under
55	55	this section is made that the entity has violated Subsection (b).
56	56	(e) Any citizen residing in the jurisdiction of an entity
57	57	described by Subsection (a) may file a complaint with the attorney
58	58	general if the citizen offers evidence to support an allegation
59	59	that the entity has adopted a rule, order, ordinance, or policy
60	60	under which the entity enforces a federal law described by
61	61	Subsection (b) or that the entity, by consistent actions, allows
62	62	the enforcement of a law described by Subsection (b). The citizen
63	63	must include with the complaint any evidence the citizen has in
64	64	support of the complaint.
65	65	(f) If the attorney general determines that a complaint
66	66	filed under Subsection (e) against an entity described by
67	67	Subsection (a) is valid, to compel the entity's compliance with
68	68	this section the attorney general may file a petition for a writ of
69	69	mandamus or apply for other appropriate equitable relief in a
70	70	district court in Travis County or in a county in which the
71	71	principal office of the entity is located. The attorney general may
72	72	recover reasonable expenses incurred in obtaining relief under this
73	73	subsection, including court costs, reasonable attorney's fees,
74	74	investigative costs, witness fees, and deposition costs.
75	75	(g) An appeal of a suit brought under Subsection (f) is
76	76	governed by the procedures for accelerated appeals in civil cases
77	77	under the Texas Rules of Appellate Procedure. The appellate court
78	78	shall render its final order or judgment with the least possible
79	79	delay.
80	80	(h) A person commits an offense if, in the person's official
81	81	capacity as an officer of an entity described by Subsection (a), or
82	82	as a person employed by or otherwise under the direction or control
83	83	of the entity, or under color of law, the person knowingly:
84	84	(1) enforces or attempts to enforce any federal
85	85	statute, order, rule, or regulation described by Subsection (b); or
86	86	(2) assists a person acting in an official capacity as
87	87	an officer, agent, employee, or representative of the federal
88	88	government or acting under color of federal law in:
89	89	(A) investigating, prosecuting, detaining,
90	90	arresting, searching, or seizing related to a federal statute,
91	91	order, rule, or regulation described by Subsection (b); or
92	92	(B) conducting, or enforcing a requirement
93	93	related to conducting, a criminal background check for the
94	94	intrastate sale or other transfer of a firearm between residents of
95	95	this state who are not licensed firearms dealers under 18 U.S.C.
96	96	Section 923.
97	97	(i) An offense under Subsection (h) is a Class A
98	98	misdemeanor.
99	99	SECTION 2. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2017.