Texas 2021 - 87th Regular

Texas House Bill HB2622 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2622
	1	+	By: Holland, et al. (Senate Sponsor - Hall) H.B. No. 2622
	2	+	(In the Senate - Received from the House May 3, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on State
	4	+	Affairs; May 19, 2021, reported favorably by the following vote:
	5	+	Yeas 6, Nays 2; May 19, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the enforcement of certain federal laws regulating
6	12		firearms, firearm accessories, and firearm ammunition within the
7	13		State of Texas.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. This Act may be cited as the Second Amendment
10	16		Sanctuary State Act.
11	17		SECTION 2. Chapter 1, Penal Code, is amended by adding
12	18		Section 1.10 to read as follows:
13	19		Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING
14	20		FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (a) In
15	21		this section:
16	22		(1) "Ammunition" has the meaning assigned by Section
17	23		229.001, Local Government Code.
18	24		(2) "Firearm" has the meaning assigned by Section
19	25		46.01.
20	26		(3) "Firearm accessory" means an item that is used in
21	27		conjunction with or mounted on a firearm but is not essential to the
22	28		basic function of the firearm. The term includes a detachable
23	29		firearm magazine.
24	30		(4) "State funds" means money appropriated by the
25	31		legislature or money under the control or direction of a state
26	32		agency.
27	33		(b) Notwithstanding any other law, an agency of this state,
28	34		a political subdivision of this state, or a law enforcement officer
29	35		or other person employed by an agency of this state or a political
30	36		subdivision of this state may not contract with or in any other
31	37		manner provide assistance to a federal agency or official with
32	38		respect to the enforcement of a federal statute, order, rule, or
33	39		regulation that:
34	40		(1) imposes a prohibition, restriction, or other
35	41		regulation that does not exist under the laws of this state; and
36	42		(2) relates to:
37	43		(A) a registry requirement for a firearm, a
38	44		firearm accessory, or ammunition;
39	45		(B) a requirement that an owner of a firearm, a
40	46		firearm accessory, or ammunition possess a license as a condition
41	47		of owning, possessing, or carrying the firearm, firearm accessory,
42	48		or ammunition;
43	49		(C) a requirement that a background check be
44	50		conducted for the private sale or transfer of a firearm, a firearm
45	51		accessory, or ammunition;
46	52		(D) a program for confiscating a firearm, a
47	53		firearm accessory, or ammunition from a person who is not otherwise
48	54		prohibited by the laws of this state from possessing the firearm,
49	55		firearm accessory, or ammunition; or
50	56		(E) a program that requires an owner of a
51	57		firearm, a firearm accessory, or ammunition to sell the firearm,
52	58		firearm accessory, or ammunition.
53	59		(c) Subsection (b) does not apply to a contract or agreement
54	60		to provide assistance in the enforcement of a federal statute,
55	61		order, rule, or regulation in effect on January 19, 2021.
56	62		(d) A political subdivision of this state may not receive
57	63		state funds if the political subdivision enters into a contract or
58	64		adopts a rule, order, ordinance, or policy under which the
59	65		political subdivision requires or assists with the enforcement of
60	66		any federal statute, order, rule, or regulation described by
61	67		Subsection (b) or, by consistent actions, requires or assists with
62	68		the enforcement of any federal statute, order, rule, or regulation
63	69		described by Subsection (b). State funds for the political
64	70		subdivision shall be denied for the fiscal year following the year
65	71		in which a final judicial determination in an action brought under
66	72		this section is made that the political subdivision has required or
67	73		assisted with the enforcement of any federal statute, order, rule,
68	74		or regulation described by Subsection (b).
69	75		(e) Any individual residing in the jurisdiction of a
70	76		political subdivision of this state may file a complaint with the
71	77		attorney general if the individual offers evidence to support an
72	78		allegation that the political subdivision has entered into a
73	79		contract or adopted a rule, order, ordinance, or policy under which
74	80		the political subdivision requires or assists with the enforcement
75	81		of any federal statute, order, rule, or regulation described by
76	82		Subsection (b) or evidence to support an allegation that the
77	83		political subdivision, by consistent actions, requires or assists
78	84		with the enforcement of any federal statute, order, rule, or
79	85		regulation described by Subsection (b). The individual must
80	86		include with the complaint the evidence the individual has that
81	87		supports the complaint.
82	88		(f) If the attorney general determines that a complaint
83	89		filed under Subsection (e) against a political subdivision of this
84	90		state is valid, the attorney general may file a petition for a writ
85	91		of mandamus or apply for other appropriate equitable relief in a
86	92		district court in Travis County or in a county in which the
87	93		principal office of the political subdivision is located to compel
88	94		the political subdivision to comply with Subsection (b). The
89	95		attorney general may recover reasonable expenses incurred in
90	96		obtaining relief under this subsection, including court costs,
91	97		reasonable attorney's fees, investigative costs, witness fees, and
92	98		deposition costs.
93	99		(g) An appeal of a suit brought under Subsection (f) is
94	100		governed by the procedures for accelerated appeals in civil cases
95	101		under the Texas Rules of Appellate Procedure. The appellate court
96	102		shall render its final order or judgment with the least possible
97	103		delay.
98	104		(h) The attorney general shall defend any agency of this
99	105		state in a suit brought against the agency by the federal government
100	106		for an action or omission consistent with the requirements of this
101	107		section.
102	108		SECTION 3. This Act takes effect immediately if it receives
103	109		a vote of two-thirds of all the members elected to each house, as
104	110		provided by Section 39, Article III, Texas Constitution. If this
105	111		Act does not receive the vote necessary for immediate effect, this
106	112		Act takes effect September 1, 2021.
107		-	______________________________ ______________________________
108		-	President of the Senate Speaker of the House
109		-	I certify that H.B. No. 2622 was passed by the House on April
110		-	30, 2021, by the following vote: Yeas 83, Nays 45, 2 present, not
111		-	voting.
112		-	______________________________
113		-	Chief Clerk of the House
114		-	I certify that H.B. No. 2622 was passed by the Senate on May
115		-	24, 2021, by the following vote: Yeas 17, Nays 13.
116		-	______________________________
117		-	Secretary of the Senate
118		-	APPROVED: _____________________
119		-	Date
120		-	_____________________
121		-	Governor
	113	+	* * * * *