Texas 2021 - 87th Regular

Texas House Bill HB3361 Compare Versions

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

Old	New	Differences
1	1	87R7540 TSS-F
2	2	By: Murr H.B. No. 3361
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of certain federal firearm, firearm
8	8	accessory, and firearm ammunition regulations within the State of
9	9	Texas; creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act shall be known as the Second Amendment
12	12	Preservation Act.
13	13	SECTION 2. The Legislature of the State of Texas finds that:
14	14	(1) The Tenth Amendment to the United States
15	15	Constitution reserves to the states and the people all powers not
16	16	granted to the federal government elsewhere in the constitution, as
17	17	those powers were understood at the time that Texas was admitted to
18	18	statehood in 1845. The guaranty of those powers is a matter of
19	19	contract between the state and people of Texas and the United States
20	20	dating from the time Texas became a state.
21	21	(2) The Ninth Amendment to the United States
22	22	Constitution guarantees to the people rights not enumerated in the
23	23	constitution, as those rights were understood at the time Texas
24	24	became a state. The guaranty of those rights is a matter of contract
25	25	between the state and people of Texas and the United States dating
26	26	from the time Texas became a state.
27	27	(3) The regulation of intrastate commerce is vested in
28	28	the states under the Ninth and Tenth Amendments to the United States
29	29	Constitution if not expressly preempted by federal law. The United
30	30	States Congress has not expressly preempted state regulation of
31	31	intrastate commerce relating to the manufacture on an intrastate
32	32	basis of firearms, firearms accessories, and ammunition.
33	33	(4) The Second Amendment to the United States
34	34	Constitution guarantees the right of the people to keep and bear
35	35	arms, as that right was understood at the time Texas became a state.
36	36	The guaranty of that right is a matter of contract between the state
37	37	and people of Texas and the United States dating from the time Texas
38	38	became a state.
39	39	(5) Section 23, Article I, Texas Constitution, secures
40	40	to Texas citizens the right to keep and bear arms. That
41	41	constitutional protection is unchanged from the date the
42	42	constitution was adopted in 1876.
43	43	SECTION 3. The Legislature of the State of Texas declares
44	44	that a firearm, a firearm accessory, or ammunition manufactured in
45	45	Texas, as described by Chapter 2003, Business & Commerce Code, as
46	46	added by this Act, that remains within the borders of Texas:
47	47	(1) has not traveled in interstate commerce; and
48	48	(2) is not subject to federal law or federal
49	49	regulation, including registration, under the authority of the
50	50	United States Congress to regulate interstate commerce.
51	51	SECTION 4. Title 99, Business & Commerce Code, is amended by
52	52	adding Chapter 2003 to read as follows:
53	53	CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM
54	54	ACCESSORY, OR AMMUNITION
55	55	Sec. 2003.001. DEFINITIONS. In this chapter:
56	56	(1) "Firearm accessory" has the meaning assigned by
57	57	Section 40.02, Penal Code.
58	58	(2) "Generic and insignificant part" means an item
59	59	that has manufacturing or consumer product applications other than
60	60	inclusion in a firearm, a firearm accessory, or ammunition. The
61	61	term includes a spring, screw, nut, and pin.
62	62	(3) "Manufacture" includes forging, casting,
63	63	machining, or another process for working a material.
64	64	Sec. 2003.002. MEANING OF "MANUFACTURED IN THIS STATE." (a)
65	65	For the purposes of this chapter, a firearm, a firearm accessory, or
66	66	ammunition is manufactured in this state if the item is
67	67	manufactured:
68	68	(1) in this state from basic materials; and
69	69	(2) without the inclusion of any part imported from
70	70	another state other than a generic and insignificant part.
71	71	(b) For the purposes of this chapter, a firearm is
72	72	manufactured in this state if it is manufactured as described by
73	73	Subsection (a) without regard to whether a firearm accessory
74	74	imported into this state from another state is attached to or used
75	75	in conjunction with it.
76	76	Sec. 2003.003. NOT SUBJECT TO FEDERAL REGULATION. (a) A
77	77	firearm, a firearm accessory, or ammunition that is manufactured in
78	78	this state and remains in this state is not subject to federal law
79	79	or federal regulation, including registration, under the authority
80	80	of the United States Congress to regulate interstate commerce.
81	81	(b) A basic material from which a firearm, a firearm
82	82	accessory, or ammunition is manufactured in this state, including
83	83	unmachined steel and unshaped wood, is not a firearm, a firearm
84	84	accessory, or ammunition and is not subject to federal regulation
85	85	under the authority of the United States Congress to regulate
86	86	interstate commerce as if it actually were a firearm, a firearm
87	87	accessory, or ammunition.
88	88	Sec. 2003.004. EXCEPTIONS. This chapter does not apply to:
89	89	(1) a firearm that cannot be carried and used by one
90	90	person;
91	91	(2) a firearm that has a bore diameter greater than 1.5
92	92	inches and that uses smokeless powder and not black powder as a
93	93	propellant;
94	94	(3) ammunition with a projectile that explodes using
95	95	an explosion of chemical energy after the projectile leaves the
96	96	firearm; or
97	97	(4) any firearm that is capable of shooting more than
98	98	two shots automatically, without manual reloading, by a single
99	99	function of the trigger.
100	100	Sec. 2003.005. MARKETING OF FIREARMS. A firearm
101	101	manufactured and sold in this state must have the words "Made in
102	102	Texas" clearly stamped on a central metallic part, such as the
103	103	receiver or frame.
104	104	Sec. 2003.006. ATTORNEY GENERAL. On written notification
105	105	to the attorney general by a United States citizen who resides in
106	106	this state of the citizen's intent to manufacture a firearm, a
107	107	firearm accessory, or ammunition to which this chapter applies, the
108	108	attorney general shall seek a declaratory judgment from a federal
109	109	district court in this state that this chapter is consistent with
110	110	the United States Constitution.
111	111	SECTION 5. Title 8, Penal Code, is amended by adding Chapter
112	112	40 to read as follows:
113	113	CHAPTER 40. THE TEXAS FIREARM PROTECTION ACT
114	114	Sec. 40.01. SHORT TITLE. This chapter may be cited as the
115	115	Texas Firearm Protection Act.
116	116	Sec. 40.02. DEFINITIONS. In this chapter:
117	117	(1) "Firearm" has the meaning assigned by Section
118	118	46.01.
119	119	(2) "Firearm accessory" means an item that is used in
120	120	conjunction with or mounted on a firearm but is not essential to the
121	121	basic function of the firearm. The term includes a telescopic or
122	122	laser sight, magazine, flash or sound suppressor, folding or
123	123	aftermarket stock or grip, speedloader, ammunition carrier, and
124	124	light for target illumination.
125	125	Sec. 40.03. STATE AND LOCAL GOVERNMENT POLICY REGARDING
126	126	ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) This section applies to:
127	127	(1) the State of Texas, including an agency,
128	128	department, commission, bureau, board, office, council, court, or
129	129	other entity that is in any branch of state government and that is
130	130	created by the constitution or a statute of this state, including a
131	131	university system or a system of higher education;
132	132	(2) the governing body of a municipality, county, or
133	133	special district or authority;
134	134	(3) an officer, employee, or other body that is part of
135	135	a municipality, county, or special district or authority, including
136	136	a sheriff, municipal police department, municipal attorney, or
137	137	county attorney; and
138	138	(4) a district attorney or criminal district attorney.
139	139	(b) An entity described by Subsection (a) may not adopt a
140	140	rule, order, ordinance, or policy under which the entity enforces,
141	141	or by consistent action allows the enforcement of, a federal
142	142	statute, order, rule, or regulation enacted on or after January 1,
143	143	2021, that purports to regulate a firearm, a firearm accessory, or
144	144	firearm ammunition if the statute, order, rule, or regulation
145	145	imposes a prohibition, restriction, or other regulation, such as a
146	146	capacity or size limitation, a registration requirement, or a
147	147	background check, that does not exist under the laws of this state.
148	148	(c) No entity described by Subsection (a) and no person
149	149	employed by or otherwise under the direction or control of the
150	150	entity may enforce or attempt to enforce any federal statute,
151	151	order, rule, or regulation described by Subsection (b).
152	152	(d) An entity described by Subsection (a) may not receive
153	153	state grant funds if the entity adopts a rule, order, ordinance, or
154	154	policy under which the entity enforces any federal law described by
155	155	Subsection (b) or, by consistent actions, allows the enforcement of
156	156	any federal law described by Subsection (b). State grant funds for
157	157	the entity shall be denied for the fiscal year following the year in
158	158	which a final judicial determination in an action brought under
159	159	this section is made that the entity has violated Subsection (b).
160	160	(e) Any citizen residing in the jurisdiction of an entity
161	161	described by Subsection (a) may file a complaint with the attorney
162	162	general if the citizen offers evidence to support an allegation
163	163	that the entity has adopted a rule, order, ordinance, or policy
164	164	under which the entity enforces a federal law described by
165	165	Subsection (b) or that the entity, by consistent actions, allows
166	166	the enforcement of a law described by Subsection (b). The citizen
167	167	must include with the complaint any evidence the citizen has in
168	168	support of the complaint.
169	169	(f) If the attorney general determines that a complaint
170	170	filed under Subsection (e) against an entity described by
171	171	Subsection (a) is valid, to compel the entity's compliance with
172	172	this section the attorney general may file a petition for a writ of
173	173	mandamus or apply for other appropriate equitable relief in a
174	174	district court in Travis County or in a county in which the
175	175	principal office of the entity is located. The attorney general may
176	176	recover reasonable expenses incurred in obtaining relief under this
177	177	subsection, including court costs, reasonable attorney's fees,
178	178	investigative costs, witness fees, and deposition costs.
179	179	(g) An appeal of a suit brought under Subsection (f) is
180	180	governed by the procedures for accelerated appeals in civil cases
181	181	under the Texas Rules of Appellate Procedure. The appellate court
182	182	shall render its final order or judgment with the least possible
183	183	delay.
184	184	(h) A person commits an offense if, in the person's official
185	185	capacity as an officer of an entity described by Subsection (a), or
186	186	as a person employed by or otherwise under the direction or control
187	187	of the entity, or under color of law, the person knowingly enforces
188	188	or attempts to enforce any federal statute, order, rule, or
189	189	regulation described by Subsection (b). An offense under this
190	190	subsection is a Class A misdemeanor.
191	191	SECTION 6. Chapter 2003, Business & Commerce Code, as added
192	192	by this Act, applies only to a firearm, a firearm accessory, or
193	193	ammunition that is manufactured on or after the effective date of
194	194	this Act.
195	195	SECTION 7. This Act takes effect immediately if it receives
196	196	a vote of two-thirds of all the members elected to each house, as
197	197	provided by Section 39, Article III, Texas Constitution. If this
198	198	Act does not receive the vote necessary for immediate effect, this
199	199	Act takes effect September 1, 2021.