Texas 2021 - 87th Regular

Texas House Bill HB112 Compare Versions

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

Old	New	Differences
1	1	87R45 LHC-F
2	2	By: Toth H.B. No. 112
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 within the
9	9	State of Texas; creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The Legislature of the State of Texas finds that:
12	12	(1) The Tenth Amendment to the United States
13	13	Constitution reserves to the states and the people all powers not
14	14	granted to the federal government elsewhere in the constitution, as
15	15	those powers were understood at the time Texas was admitted to
16	16	statehood in 1845. The guaranty of those powers is a matter of
17	17	contract between the state and people of Texas and the United States
18	18	dating from the time Texas became a state.
19	19	(2) The Ninth Amendment to the United States
20	20	Constitution guarantees to the people rights not enumerated in the
21	21	constitution, as those rights were understood at the time Texas
22	22	became a state. The guaranty of those rights is a matter of
23	23	contract between the state and people of Texas and the United States
24	24	dating from the time Texas became a state.
25	25	(3) The Second Amendment to the United States
26	26	Constitution guarantees the right of the people to keep and bear
27	27	arms, as that right was understood at the time Texas became a state.
28	28	The guaranty of that right is a matter of contract between the state
29	29	and people of Texas and the United States dating from the time Texas
30	30	became a state.
31	31	(4) Section 23, Article I, Texas Constitution, secures
32	32	to Texas citizens the right to keep and bear arms. That
33	33	constitutional protection is unchanged from the date the
34	34	constitution was adopted in 1876.
35	35	SECTION 2. Title 8, Penal Code, is amended by adding Chapter
36	36	40 to read as follows:
37	37	CHAPTER 40. THE TEXAS FIREARM PROTECTION ACT
38	38	Sec. 40.01. SHORT TITLE. This chapter may be cited as the
39	39	Texas Firearm Protection Act.
40	40	Sec. 40.02. DEFINITIONS. In this chapter:
41	41	(1) "Firearm" has the meaning assigned by Section
42	42	46.01.
43	43	(2) "Firearm accessory" means an item that is used in
44	44	conjunction with or mounted on a firearm but is not essential to the
45	45	basic function of the firearm. The term includes a detachable
46	46	firearm magazine.
47	47	Sec. 40.03. STATE AND LOCAL GOVERNMENT POLICY REGARDING
48	48	ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) This section applies to:
49	49	(1) the State of Texas, including an agency,
50	50	department, commission, bureau, board, office, council, court, or
51	51	other entity that is in any branch of state government and that is
52	52	created by the constitution or a statute of this state, including a
53	53	university system or a system of higher education;
54	54	(2) the governing body of a municipality, county, or
55	55	special district or authority;
56	56	(3) an officer, employee, or other body that is part of
57	57	a municipality, county, or special district or authority, including
58	58	a sheriff, municipal police department, municipal attorney, or
59	59	county attorney; and
60	60	(4) a district attorney or criminal district attorney.
61	61	(b) An entity described by Subsection (a) may not adopt a
62	62	rule, order, ordinance, or policy under which the entity enforces,
63	63	or by consistent action allows the enforcement of, a federal
64	64	statute, order, rule, or regulation enacted on or after January 1,
65	65	2021, that purports to regulate a firearm, a firearm accessory, or
66	66	firearm ammunition if the statute, order, rule, or regulation
67	67	imposes a prohibition, restriction, or other regulation, such as a
68	68	capacity or size limitation, a registration requirement, or a
69	69	background check, that does not exist under the laws of this state.
70	70	(c) No entity described by Subsection (a) and no person
71	71	employed by or otherwise under the direction or control of the
72	72	entity may enforce or attempt to enforce any federal statute,
73	73	order, rule, or regulation described by Subsection (b).
74	74	(d) An entity described by Subsection (a) may not receive
75	75	state grant funds if the entity adopts a rule, order, ordinance, or
76	76	policy under which the entity enforces any federal law described by
77	77	Subsection (b) or, by consistent actions, allows the enforcement of
78	78	any federal law described by Subsection (b). State grant funds for
79	79	the entity shall be denied for the fiscal year following the year in
80	80	which a final judicial determination in an action brought under
81	81	this section is made that the entity has violated Subsection (b).
82	82	(e) Any citizen residing in the jurisdiction of an entity
83	83	described by Subsection (a) may file a complaint with the attorney
84	84	general if the citizen offers evidence to support an allegation
85	85	that the entity has adopted a rule, order, ordinance, or policy
86	86	under which the entity enforces a federal law described by
87	87	Subsection (b) or that the entity, by consistent actions, allows
88	88	the enforcement of a law described by Subsection (b). The citizen
89	89	must include with the complaint any evidence the citizen has in
90	90	support of the complaint.
91	91	(f) If the attorney general determines that a complaint
92	92	filed under Subsection (e) against an entity described by
93	93	Subsection (a) is valid, to compel the entity's compliance with
94	94	this section the attorney general may file a petition for a writ of
95	95	mandamus or apply for other appropriate equitable relief in a
96	96	district court in Travis County or in a county in which the
97	97	principal office of the entity is located. The attorney general may
98	98	recover reasonable expenses incurred in obtaining relief under this
99	99	subsection, including court costs, reasonable attorney's fees,
100	100	investigative costs, witness fees, and deposition costs.
101	101	(g) An appeal of a suit brought under Subsection (f) is
102	102	governed by the procedures for accelerated appeals in civil cases
103	103	under the Texas Rules of Appellate Procedure. The appellate court
104	104	shall render its final order or judgment with the least possible
105	105	delay.
106	106	(h) A person commits an offense if, in the person's official
107	107	capacity as an officer of an entity described by Subsection (a), or
108	108	as a person employed by or otherwise under the direction or control
109	109	of the entity, or under color of law, the person knowingly enforces
110	110	or attempts to enforce any federal statute, order, rule, or
111	111	regulation described by Subsection (b). An offense under this
112	112	subsection is a Class A misdemeanor.
113	113	SECTION 3. This Act takes effect immediately if it receives
114	114	a vote of two-thirds of all the members elected to each house, as
115	115	provided by Section 39, Article III, Texas Constitution. If this
116	116	Act does not receive the vote necessary for immediate effect, this
117	117	Act takes effect September 1, 2021.