87R2647 LHC-F
By: Kolkhorst S.B. No. 499
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. Title 8, Penal Code, is amended by adding Chapter
40 to read as follows:
CHAPTER 40. THE TEXAS FIREARM PROTECTION ACT
Sec. 40.01. DEFINITIONS. In this chapter:
(1) "Firearm" has the meaning assigned by 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 the firearm. The term includes a detachable
firearm magazine.
Sec. 40.02. STATE AND LOCAL GOVERNMENT POLICY REGARDING
ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) This section applies to:
(1) the State of Texas, including an agency,
department, commission, bureau, board, office, council, court, or
other entity that is in any branch of state government and that is
created by the constitution or a statute of this state, including a
university system or a system of higher education;
(2) the governing body of a municipality, county, or
special district or authority;
(3) an officer, employee, or other body that is part of
a municipality, county, or special district or authority, including
a sheriff, municipal police department, municipal attorney, or
county attorney; and
(4) a district attorney or criminal district attorney.
(b) An entity described by Subsection (a) may not adopt a
rule, order, ordinance, or policy under which the entity enforces,
or by consistent action allows the enforcement of, a federal
statute, order, rule, or regulation enacted on or after September
1, 2021, that purports to regulate a firearm, a firearm accessory,
or firearm ammunition if the statute, order, rule, or regulation
imposes a prohibition, restriction, or other regulation, such as a
capacity or size limitation, a registration requirement, or a
background check, that does not exist under the laws of this state.
(c) No entity described by Subsection (a) and no person
employed by or otherwise under the direction or control of the
entity may enforce or attempt to enforce any federal statute,
order, rule, or regulation described by Subsection (b).
(d) An entity described by Subsection (a) may not receive
state grant funds if the entity adopts a rule, order, ordinance, or
policy under which the entity enforces any federal law described by
Subsection (b) or, by consistent actions, allows the enforcement of
any federal law described by Subsection (b). State grant funds for
the entity 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 entity has violated Subsection (b).
(e) Any citizen residing in the jurisdiction of an entity
described by Subsection (a) may file a complaint with the attorney
general if the citizen offers evidence to support an allegation
that the entity has adopted a rule, order, ordinance, or policy
under which the entity enforces a federal law described by
Subsection (b) or an allegation that the entity, by consistent
actions, allows the enforcement of a federal law described by
Subsection (b). The citizen must include with the complaint any
evidence the citizen has in support of the complaint.
(f) If the attorney general determines that a complaint
filed under Subsection (e) against an entity described by
Subsection (a) is valid, to compel the entity's compliance with
this section 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 entity is located. 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.
SECTION 2. 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.