Texas 2019 - 86th Regular

Texas House Bill HB4041 Compare Versions

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

Old	New	Differences
1	1	86R4225 LHC-F
2	2	By: Toth H.B. No. 4041
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the enforcement of certain federal laws;
8	8	creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The Legislature of the State of Texas finds that:
11	11	(1) The Tenth Amendment to the United States
12	12	Constitution reserves to the states and the people all powers not
13	13	granted to the federal government elsewhere in the constitution, as
14	14	those powers were understood at the time Texas was admitted to
15	15	statehood in 1845. The guaranty of those powers is a matter of
16	16	contract between the state and people of Texas and the United States
17	17	dating from the time Texas became a state.
18	18	(2) The Ninth Amendment to the United States
19	19	Constitution guarantees to the people rights not enumerated in the
20	20	constitution, as those rights were understood at the time Texas
21	21	became a state. The guaranty of those rights is a matter of
22	22	contract between the state and people of Texas and the United States
23	23	dating from the time Texas became a state.
24	24	(3) The Second Amendment to the United States
25	25	Constitution guarantees the right of the people to keep and bear
26	26	arms, as that right was understood at the time Texas became a state.
27	27	The guaranty of that right is a matter of contract between the state
28	28	and people of Texas and the United States dating from the time Texas
29	29	became a state.
30	30	(4) The First Amendment to the United States
31	31	Constitution guarantees to the people rights concerning religion,
32	32	expression, assembly, and petition, as those rights were understood
33	33	at the time Texas became a state. The guaranty of those rights is a
34	34	matter of contract between the state and people of Texas and the
35	35	United States dating from the time Texas became a state.
36	36	(5) Section 23, Article I, Texas Constitution, secures
37	37	to Texas citizens the right to keep and bear arms. That
38	38	constitutional protection is unchanged from the date the
39	39	constitution was adopted in 1876.
40	40	SECTION 2. Title 9, Penal Code, is amended by adding Chapter
41	41	44 to read as follows:
42	42	CHAPTER 44. ENFORCEMENT OF CERTAIN FEDERAL LAWS PROHIBITED
43	43	Sec. 44.01. DEFINITIONS. In this chapter:
44	44	(1) "Firearm" has the meaning assigned by Section
45	45	46.01.
46	46	(2) "Firearm accessory" means an item that is used in
47	47	conjunction with or mounted on a firearm but is not essential to the
48	48	basic function of the firearm. The term includes a detachable
49	49	firearm magazine.
50	50	Sec. 44.02. STATE AND LOCAL GOVERNMENT POLICY REGARDING
51	51	ENFORCEMENT OF FEDERAL LAWS. (a) This section applies to:
52	52	(1) the State of Texas, including an agency,
53	53	department, commission, bureau, board, office, council, court, or
54	54	other entity that is in any branch of state government and that is
55	55	created by the constitution or a statute of this state, including a
56	56	university system or a system of higher education;
57	57	(2) the governing body of a municipality, county, or
58	58	special district or authority;
59	59	(3) an officer, employee, or other body that is part of
60	60	a municipality, county, or special district or authority, including
61	61	a sheriff, municipal police department, municipal attorney, or
62	62	county attorney; and
63	63	(4) a district attorney or criminal district attorney.
64	64	(b) An entity described by Subsection (a) may not adopt a
65	65	rule, order, ordinance, or policy under which the entity enforces,
66	66	or, by consistent actions, allows the enforcement of, a federal
67	67	statute, order, rule, or regulation enacted on or after January 1,
68	68	2019, that imposes a prohibition, restriction, or other regulation
69	69	that does not exist under the laws of this state and that purports
70	70	to:
71	71	(1) regulate a firearm, firearm accessory, or firearm
72	72	ammunition;
73	73	(2) establish a religion or prohibit the free exercise
74	74	of a religion;
75	75	(3) abridge the freedom of speech or of the press;
76	76	(4) abridge the right of the people to peaceably
77	77	assemble; or
78	78	(5) abridge the right of the people to petition the
79	79	government for a redress of grievances.
80	80	(c) No entity described by Subsection (a) and no person
81	81	employed by or otherwise under the direction or control of the
82	82	entity may enforce or attempt to enforce any federal statute,
83	83	order, rule, or regulation described by Subsection (b).
84	84	(d) An entity described by Subsection (a) may not receive
85	85	state grant funds if the entity adopts a rule, order, ordinance, or
86	86	policy under which the entity enforces any federal laws described
87	87	by Subsection (b) or, by consistent actions, allows the enforcement
88	88	of any federal laws described by Subsection (b). State grant funds
89	89	for the entity shall be denied for the fiscal year following the
90	90	year in which a final judicial determination in an action brought
91	91	under this section is made that the entity has violated Subsection
92	92	(b).
93	93	(e) Any citizen residing in the jurisdiction of an entity
94	94	described by Subsection (a) may file a complaint with the attorney
95	95	general if the citizen offers evidence to support an allegation
96	96	that the entity has adopted a rule, order, ordinance, or policy
97	97	under which the entity enforces the federal laws described by
98	98	Subsection (b) or that the entity, by consistent actions, allows
99	99	the enforcement of any laws described by Subsection (b). The
100	100	citizen must include with the complaint the evidence the citizen
101	101	has that supports the complaint.
102	102	(f) If the attorney general determines that a complaint
103	103	filed under Subsection (e) against an entity described by
104	104	Subsection (a) is valid, the attorney general may file a petition
105	105	for a writ of mandamus or apply for other appropriate equitable
106	106	relief in a district court in Travis County or in a county in which
107	107	the principal office of an entity described by Subsection (a) is
108	108	located to compel the entity that adopts a rule, order, ordinance,
109	109	or policy under which the local entity enforces the laws described
110	110	by Subsection (b), or that, by consistent actions, allows the
111	111	enforcement of the laws described by Subsection (b) to comply with
112	112	this section. The attorney general may recover reasonable expenses
113	113	incurred in obtaining relief under this subsection, including court
114	114	costs, reasonable attorney's fees, investigative costs, witness
115	115	fees, and deposition costs.
116	116	(g) An appeal of a suit brought under Subsection (f) is
117	117	governed by the procedures for accelerated appeals in civil cases
118	118	under the Texas Rules of Appellate Procedure. The appellate court
119	119	shall render its final order or judgment with the least possible
120	120	delay.
121	121	(h) A person commits an offense if, in the person's official
122	122	capacity as an officer of an entity described by Subsection (a), or
123	123	as a person employed by or otherwise under the direction or control
124	124	of the entity, or under color of law, knowingly enforces or attempts
125	125	to enforce any federal statute, order, rule, or regulation
126	126	described by Subsection (b). An offense under this subsection is a
127	127	Class A misdemeanor.
128	128	SECTION 3. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2019.