By: Toth H.B. No. 2282
A BILL TO BE ENTITLED
AN ACT
relating to district and county attorney counsel in federal
enforcement of laws regulating firearms, firearm accessories, and
firearm ammunitions within the State of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.08, Code of Criminal Procedure, is
amended by adding new subsection (c) to read as follows:
Art. 2.08. DISQUALIFIED. (a) District and county
attorneys shall not be of counsel adversely to the State in any
case, in any court, nor shall they, after they cease to be such
officers, be of counsel adversely to the State in any case in which
they have been of counsel for the State.
(b) A judge of a court in which a district or county attorney
represents the State shall declare the district or county attorney
disqualified for purposes of Article 2.07 on a showing that the
attorney is the subject of a criminal investigation by a law
enforcement agency if that investigation is based on credible
evidence of criminal misconduct for an offense that is within the
attorney's authority to prosecute. A disqualification under this
subsection applies only to the attorney's access to the criminal
investigation pending against the attorney and to any prosecution
of a criminal charge resulting from that investigation.
(c) In this section:
(1) "Firearm" has the meaning assigned in Section
46.01.
(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.
(d) District and county attorneys shall not be of counsel in
federal court for any action involving enforcement of a federal
statute, order, rule, or regulation purporting to regulate a
firearm, a firearm accessory, or firearm ammunition.
SECTION 2. This Act takes effect September 1, 2021.