87R13635 LHC-F
By: Holland, Paddie, Canales, White, Metcalf, H.B. No. 2622
et al.
Substitute the following for H.B. No. 2622:
By: Paddie C.S.H.B. No. 2622
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of certain federal 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. This Act may be cited as the Second Amendment
Sanctuary State Act.
SECTION 2. Chapter 1, Penal Code, is amended by adding
Section 1.10 to read as follows:
Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING
FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (a) In
this section:
(1) "Ammunition" has the meaning assigned by Section
229.001, Local Government Code.
(2) "Firearm" has the meaning assigned by Section
46.01.
(3) "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 the firearm. The term includes a detachable
firearm magazine.
(4) "State funds" means money appropriated by the
legislature or money under the control or direction of a state
agency.
(b) Notwithstanding any other law, an agency of this state,
a political subdivision of this state, or a law enforcement officer
or other person employed by an agency of this state or a political
subdivision of this state may not contract with or in any other
manner provide assistance to a federal agency or official with
respect to the enforcement of a federal statute, order, rule, or
regulation that:
(1) imposes a prohibition, restriction, or other
regulation that does not exist under the laws of this state; and
(2) relates to:
(A) a registry requirement for a firearm, a
firearm accessory, or ammunition;
(B) a requirement that an owner of a firearm, a
firearm accessory, or ammunition possess a license as a condition
of owning, possessing, or carrying the firearm, firearm accessory,
or ammunition;
(C) a requirement that a background check be
conducted for the private sale or transfer of a firearm, a firearm
accessory, or ammunition;
(D) a program for confiscating a firearm, a
firearm accessory, or ammunition from a person who is not otherwise
prohibited by the laws of this state from possessing the firearm,
firearm accessory, or ammunition; or
(E) a program that requires an owner of a
firearm, a firearm accessory, or ammunition to sell the firearm,
firearm accessory, or ammunition.
(c) Subsection (b) does not apply to a contract or agreement
to provide assistance in the enforcement of a federal statute,
order, rule, or regulation in effect on January 19, 2021.
(d) A political subdivision of this state may not receive
state funds if the political subdivision enters into a contract or
adopts a rule, order, ordinance, or policy under which the
political subdivision requires or assists with the enforcement of
any federal statute, order, rule, or regulation described by
Subsection (b) or, by consistent actions, requires or assists with
the enforcement of any federal statute, order, rule, or regulation
described by Subsection (b). State funds for the political
subdivision 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 political subdivision has required or
assisted with the enforcement of any federal statute, order, rule,
or regulation described by Subsection (b).
(e) Any individual residing in the jurisdiction of a
political subdivision of this state may file a complaint with the
attorney general if the individual offers evidence to support an
allegation that the political subdivision has entered into a
contract or adopted a rule, order, ordinance, or policy under which
the political subdivision requires or assists with the enforcement
of any federal statute, order, rule, or regulation described by
Subsection (b) or evidence to support an allegation that the
political subdivision, by consistent actions, requires or assists
with the enforcement of any federal statute, order, rule, or
regulation described by Subsection (b). The individual must
include with the complaint the evidence the individual has that
supports the complaint.
(f) If the attorney general determines that a complaint
filed under Subsection (e) against a political subdivision of this
state 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 political subdivision is located to compel
the political subdivision to comply with Subsection (b). 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 agency of this
state in a suit brought against the agency by the federal government
for an action or omission consistent with the requirements of this
section.
SECTION 3. 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, 2021.