Texas 2021 - 87th Regular

Texas Senate Bill SB513 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hall, et al. S.B. No. 513
	1	+	By: Hall S.B. No. 513
	2	+	(In the Senate - Filed January 28, 2021; March 9, 2021, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 9, 2021, reported favorably by the following vote: Yeas 5,
	5	+	Nays 2; April 9, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to the enforcement of certain federal laws regulating
7	12		firearms, firearm accessories, and firearm ammunition within the
8	13		State of Texas; creating a criminal offense.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. The Legislature of the State of Texas finds that:
11	16		(1) The Tenth Amendment to the United States
12	17		Constitution reserves to the states and the people all powers not
13	18		granted to the federal government elsewhere in the constitution, as
14	19		those powers were understood at the time Texas was admitted to
15	20		statehood in 1845. The guaranty of those powers is a matter of
16	21		contract between the state and people of Texas and the United States
17	22		dating from the time Texas became a state.
18	23		(2) The Ninth Amendment to the United States
19	24		Constitution guarantees to the people rights not enumerated in the
20	25		constitution, as those rights were understood at the time Texas
21	26		became a state. The guaranty of those rights is a matter of
22	27		contract between the state and people of Texas and the United States
23	28		dating from the time Texas became a state.
24	29		(3) The Second Amendment to the United States
25	30		Constitution guarantees the right of the people to keep and bear
26	31		arms, as that right was understood at the time Texas became a state.
27	32		The guaranty of that right is a matter of contract between the state
28	33		and people of Texas and the United States dating from the time Texas
29	34		became a state.
30	35		(4) Section 23, Article I, Texas Constitution, secures
31	36		to Texas citizens the right to keep and bear arms. That
32	37		constitutional protection is unchanged from the date the
33	38		constitution was adopted in 1876.
34	39		SECTION 2. Title 8, Penal Code, is amended by adding Chapter
35	40		40 to read as follows:
36	41		CHAPTER 40. THE TEXAS FIREARM PROTECTION ACT
37	42		Sec. 40.01. SHORT TITLE. This chapter may be cited as the
38	43		Texas Firearm Protection Act.
39	44		Sec. 40.02. DEFINITIONS. In this chapter:
40	45		(1) "Firearm" has the meaning assigned by Section
41	46		46.01.
42	47		(2) "Firearm accessory" means an item that is used in
43	48		conjunction with or mounted on a firearm but is not essential to the
44	49		basic function of the firearm. The term includes a detachable
45	50		firearm magazine.
46	51		Sec. 40.03. STATE AND LOCAL GOVERNMENT POLICY REGARDING
47	52		ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) This section applies to:
48	53		(1) the State of Texas, including an agency,
49	54		department, commission, bureau, board, office, council, court, or
50	55		other entity that is in any branch of state government and that is
51	56		created by the constitution or a statute of this state, including a
52	57		university system or a system of higher education;
53	58		(2) the governing body of a municipality, county, or
54	59		special district or authority;
55	60		(3) an officer, employee, or other body that is part of
56	61		a municipality, county, or special district or authority, including
57	62		a sheriff, municipal police department, municipal attorney, or
58	63		county attorney; and
59	64		(4) a district attorney or criminal district attorney.
60	65		(b) An entity described by Subsection (a) may not adopt a
61	66		rule, order, ordinance, or policy under which the entity enforces,
62	67		or by consistent action allows the enforcement of, a federal
63	68		statute, order, rule, or regulation enacted on or after January 1,
64	69		2021, that purports to regulate a firearm, a firearm accessory, or
65	70		firearm ammunition if the statute, order, rule, or regulation
66	71		imposes a prohibition, restriction, or other regulation, such as a
67	72		capacity or size limitation, a registration requirement, or a
68	73		background check, that does not exist under the laws of this state.
69	74		(c) No entity described by Subsection (a) and no person
70	75		employed by or otherwise under the direction or control of the
71	76		entity may enforce or attempt to enforce any federal statute,
72	77		order, rule, or regulation described by Subsection (b).
73	78		(d) An entity described by Subsection (a) may not receive
74	79		state grant funds if the entity adopts a rule, order, ordinance, or
75	80		policy under which the entity enforces any federal law described by
76	81		Subsection (b) or, by consistent actions, allows the enforcement of
77	82		any federal law described by Subsection (b). State grant funds for
78	83		the entity shall be denied for the fiscal year following the year in
79	84		which a final judicial determination in an action brought under
80	85		this section is made that the entity has violated Subsection (b).
81	86		(e) Any citizen residing in the jurisdiction of an entity
82	87		described by Subsection (a) may file a complaint with the attorney
83	88		general if the citizen offers evidence to support an allegation
84	89		that the entity has adopted a rule, order, ordinance, or policy
85	90		under which the entity enforces a federal law described by
86	91		Subsection (b) or that the entity, by consistent actions, allows
87	92		the enforcement of a law described by Subsection (b). The citizen
88	93		must include with the complaint any evidence the citizen has in
89	94		support of the complaint.
90	95		(f) If the attorney general determines that a complaint
91	96		filed under Subsection (e) against an entity described by
92	97		Subsection (a) is valid, to compel the entity's compliance with
93	98		this section the attorney general may file a petition for a writ of
94	99		mandamus or apply for other appropriate equitable relief in a
95	100		district court in Travis County or in a county in which the
96	101		principal office of the entity is located. The attorney general may
97	102		recover reasonable expenses incurred in obtaining relief under this
98	103		subsection, including court costs, reasonable attorney's fees,
99	104		investigative costs, witness fees, and deposition costs.
100	105		(g) An appeal of a suit brought under Subsection (f) is
101	106		governed by the procedures for accelerated appeals in civil cases
102	107		under the Texas Rules of Appellate Procedure. The appellate court
103	108		shall render its final order or judgment with the least possible
104	109		delay.
105	110		(h) A person commits an offense if, in the person's official
106	111		capacity as an officer of an entity described by Subsection (a), or
107	112		as a person employed by or otherwise under the direction or control
108	113		of the entity, or under color of law, the person knowingly enforces
109	114		or attempts to enforce any federal statute, order, rule, or
110	115		regulation described by Subsection (b). An offense under this
111	116		subsection is a Class A misdemeanor.
112		-	(i) It is an exception to the application of Subsection (h)
113		-	that the person is a local or state law enforcement officer who, as
114		-	a member of a federal task force or of a joint task force consisting
115		-	of local or state law enforcement officers and federal law
116		-	enforcement officers, enforces or attempts to enforce a federal
117		-	statute, order, rule, or regulation described by Subsection (b).
118	117		SECTION 3. This Act takes effect immediately if it receives
119	118		a vote of two-thirds of all the members elected to each house, as
120	119		provided by Section 39, Article III, Texas Constitution. If this
121	120		Act does not receive the vote necessary for immediate effect, this
122	121		Act takes effect September 1, 2021.
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