Texas 2021 - 87th Regular

Texas Senate Bill SB541 Compare Versions

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

Old	New	Differences
1	1	By: Springer S.B. No. 541
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the enforcement of certain federal laws regulating
7	7	firearms, firearm accessories, and firearm ammunition within the
8	8	State of Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 1, Penal Code, is amended by adding
11	11	Section 1.10 to read as follows:
12	12	Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING
13	13	FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (a) In
14	14	this section:
15	15	(1) "Firearm" has the meaning assigned by Section
16	16	46.01.
17	17	(2) "Firearm accessory" means an item that is used in
18	18	conjunction with or mounted on a firearm but is not essential to the
19	19	basic function of a firearm. The term includes a detachable firearm
20	20	magazine.
21	21	(b) An agency of this state or a political subdivision of
22	22	this state, and a law enforcement officer or other person employed
23	23	by an agency of this state or a political subdivision of this state,
24	24	may not contract with or in any other manner provide assistance to a
25	25	federal agency or official with respect to the enforcement of a
26	26	federal statute, order, rule, or regulation purporting to regulate
27	27	a firearm, a firearm accessory, or firearm ammunition if the
28	28	statute, order, rule, or regulation imposes a prohibition,
29	29	restriction, or other regulation, such as a capacity or size
30	30	limitation or a registration requirement, that does not exist under
31	31	the laws of this state.
32	32	(c) Subsection (b) does not apply to the enforcement, or a
33	33	contract or agreement to provide assistance in the enforcement, of
34	34	a federal statute, order, rule, or regulation in effect before
35	35	January 19, 2021.
36	36	(d) A political subdivision of this state may not receive
37	37	state grant funds if the political subdivision adopts a rule,
38	38	order, ordinance, or policy under which the political subdivision
39	39	requires the enforcement of any federal statute, order, rule, or
40	40	regulation described by Subsection (b) or, by consistent actions,
41	41	requires the enforcement of any federal statute, order, rule, or
42	42	regulation described by Subsection (b). State grant funds for the
43	43	political subdivision shall be denied for the fiscal year following
44	44	the year in which a final judicial determination in an action
45	45	brought under this section is made that the political subdivision
46	46	has intentionally required the enforcement of any federal statute,
47	47	order, rule, or regulation described by Subsection (b).
48	48	(e) Any citizen residing in the jurisdiction of a political
49	49	subdivision of this state may file a complaint with the attorney
50	50	general if the citizen offers evidence to support an allegation
51	51	that the political subdivision has adopted a rule, order,
52	52	ordinance, or policy under which the political subdivision requires
53	53	the enforcement of any federal statute, order, rule, or regulation
54	54	described by Subsection (b) or an allegation that the political
55	55	subdivision, by consistent actions, requires the enforcement of any
56	56	federal statute, order, rule, or regulation described by Subsection
57	57	(b). The citizen must include with the complaint the evidence the
58	58	citizen has that supports the complaint.
59	59	(f) If the attorney general determines that a complaint
60	60	filed under Subsection (e) against a political subdivision of this
61	61	state is valid, the attorney general may file a petition for a writ
62	62	of mandamus or apply for other appropriate equitable relief in a
63	63	district court in Travis County or in a county in which the
64	64	principal office of the political subdivision is located to compel
65	65	the political subdivision to comply with Subsection (b). The
66	66	attorney general may recover reasonable expenses incurred in
67	67	obtaining relief under this subsection, including court costs,
68	68	reasonable attorney's fees, investigative costs, witness fees, and
69	69	deposition costs.
70	70	(g) An appeal of a suit brought under Subsection (f) is
71	71	governed by the procedures for accelerated appeals in civil cases
72	72	under the Texas Rules of Appellate Procedure. The appellate court
73	73	shall render its final order or judgment with the least possible
74	74	delay.
75	75	(h) The attorney general shall defend any agency of this
76	76	state that the federal government attempts to sue for an action or
77	77	omission consistent with the requirements of this section.
78	78	SECTION 2. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2021.