Texas 2021 - 87th Regular

Texas Senate Bill SB543 Compare Versions

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

Old	New	Differences
1	1	87R4358 TSS-D
2	2	By: Springer S.B. No. 543
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to local, state, and federal regulation of firearm
8	8	suppressors.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Government Code, is amended by adding
11	11	Chapter 2 to read as follows:
12	12	CHAPTER 2. FIREARM SUPPRESSOR REGULATION
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 2.001. DEFINITIONS. In this chapter:
15	15	(1) "Firearm" has the meaning assigned by Section
16	16	46.01, Penal Code.
17	17	(2) "Firearm suppressor" means any device designed,
18	18	made, or adapted to muffle the report of a firearm.
19	19	(3) "Generic and insignificant part" means an item
20	20	that has manufacturing or consumer product applications other than
21	21	inclusion in a firearm suppressor. The term includes a spring,
22	22	screw, nut, and pin.
23	23	(4) "Manufacture" includes forging, casting,
24	24	machining, or another process for working a material.
25	25	SUBCHAPTER B. INTRASTATE MANUFACTURE OF FIREARM SUPPRESSOR
26	26	Sec. 2.051. MEANING OF "MANUFACTURED IN THIS STATE." (a)
27	27	For the purposes of this subchapter, a firearm suppressor is
28	28	manufactured in this state if the item is manufactured:
29	29	(1) in this state from basic materials; and
30	30	(2) without the inclusion of any part imported from
31	31	another state other than a generic and insignificant part.
32	32	(b) For the purposes of this subchapter, a firearm
33	33	suppressor is manufactured in this state if it is manufactured as
34	34	described by Subsection (a) without regard to whether a firearm
35	35	imported into this state from another state is attached to or used
36	36	in conjunction with the suppressor.
37	37	Sec. 2.052. NOT SUBJECT TO FEDERAL REGULATION. (a) A
38	38	firearm suppressor that is manufactured in this state and remains
39	39	in this state is not subject to federal law or federal regulation,
40	40	including registration, under the authority of the United States
41	41	Congress to regulate interstate commerce.
42	42	(b) A basic material from which a firearm suppressor is
43	43	manufactured in this state, including unmachined steel, is not a
44	44	firearm suppressor and is not subject to federal regulation under
45	45	the authority of the United States Congress to regulate interstate
46	46	commerce as if it actually were a firearm suppressor.
47	47	Sec. 2.053. MARKETING OF FIREARM SUPPRESSOR. A firearm
48	48	suppressor manufactured and sold in this state must have the words
49	49	"Made in Texas" clearly stamped on it.
50	50	Sec. 2.054. ATTORNEY GENERAL. On written notification to
51	51	the attorney general by a United States citizen who resides in this
52	52	state of the citizen's intent to manufacture a firearm suppressor
53	53	to which Section 2.052 applies, the attorney general shall seek a
54	54	declaratory judgment from a federal district court in this state
55	55	that Section 2.052 is consistent with the United States
56	56	Constitution.
57	57	SUBCHAPTER C. ENFORCEMENT OF CERTAIN FEDERAL FIREARMS LAWS
58	58	PROHIBITED
59	59	Sec. 2.101. APPLICABILITY. This subchapter applies to:
60	60	(1) the State of Texas, including an agency,
61	61	department, commission, bureau, board, office, council, court, or
62	62	other entity that is in any branch of state government and that is
63	63	created by the constitution or a statute of this state, including a
64	64	university system or a system of higher education;
65	65	(2) the governing body of a municipality, county, or
66	66	special district or authority;
67	67	(3) an officer, employee, or other body that is part of
68	68	a municipality, county, or special district or authority, including
69	69	a sheriff, municipal police department, municipal attorney, or
70	70	county attorney; and
71	71	(4) a district attorney or criminal district attorney.
72	72	Sec. 2.102. STATE AND LOCAL GOVERNMENT POLICY REGARDING
73	73	ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) An entity described by
74	74	Section 2.101 may not adopt a rule, order, ordinance, or policy
75	75	under which the entity enforces, or by consistent action allows the
76	76	enforcement of, a federal statute, order, rule, or regulation that
77	77	purports to regulate a firearm suppressor if the statute, order,
78	78	rule, or regulation imposes a prohibition, restriction, or other
79	79	regulation that does not exist under the laws of this state.
80	80	(b) No entity described by Section 2.101 and no person
81	81	employed by or otherwise under the direction or control of the
82	82	entity may enforce or attempt to enforce any federal statute,
83	83	order, rule, or regulation described by Subsection (a).
84	84	Sec. 2.103. STATE GRANT FUNDS. (a) An entity described by
85	85	Section 2.101 may not receive state grant funds if the entity adopts
86	86	a rule, order, ordinance, or policy under which the entity enforces
87	87	a federal law described by Section 2.102(a) or, by consistent
88	88	action, allows the enforcement of a federal law described by
89	89	Section 2.102(a).
90	90	(b) State grant funds for the entity shall be denied for the
91	91	fiscal year following the year in which a final judicial
92	92	determination in an action brought under this subchapter is made
93	93	that the entity has violated Section 2.102(a).
94	94	Sec. 2.104. ENFORCEMENT. (a) Any citizen residing in the
95	95	jurisdiction of an entity described by Section 2.101 may file a
96	96	complaint with the attorney general if the citizen offers evidence
97	97	to support an allegation that the entity has adopted a rule, order,
98	98	ordinance, or policy under which the entity enforces a federal law
99	99	described by Section 2.102(a) or that the entity, by consistent
100	100	action, allows the enforcement of a federal law described by
101	101	Section 2.102(a). The citizen must include with the complaint any
102	102	evidence the citizen has in support of the complaint.
103	103	(b) If the attorney general determines that a complaint
104	104	filed under Subsection (a) against an entity described by Section
105	105	2.101 is valid, to compel the entity's compliance with this
106	106	subchapter the attorney general may file a petition for a writ of
107	107	mandamus or apply for other appropriate equitable relief in a
108	108	district court in Travis County or in a county in which the
109	109	principal office of the entity is located. The attorney general may
110	110	recover reasonable expenses incurred obtaining relief under this
111	111	subsection, including court costs, reasonable attorney's fees,
112	112	investigative costs, witness fees, and deposition costs.
113	113	(c) An appeal of a suit brought under Subsection (b) is
114	114	governed by the procedures for accelerated appeals in civil cases
115	115	under the Texas Rules of Appellate Procedure. The appellate court
116	116	shall render its final order or judgment with the least possible
117	117	delay.
118	118	SECTION 2. Section 46.05(a), Penal Code, is amended to read
119	119	as follows:
120	120	(a) A person commits an offense if the person intentionally
121	121	or knowingly possesses, manufactures, transports, repairs, or
122	122	sells:
123	123	(1) any of the following items, unless the item is
124	124	registered in the National Firearms Registration and Transfer
125	125	Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
126	126	Explosives or otherwise not subject to that registration
127	127	requirement or unless the item is classified as a curio or relic by
128	128	the United States Department of Justice:
129	129	(A) an explosive weapon;
130	130	(B) a machine gun; or
131	131	(C) a short-barrel firearm;
132	132	(2) armor-piercing ammunition;
133	133	(3) a chemical dispensing device;
134	134	(4) a zip gun;
135	135	(5) a tire deflation device; or
136	136	(6) [a firearm silencer, unless the firearm silencer
137	137	is classified as a curio or relic by the United States Department of
138	138	Justice or the actor otherwise possesses, manufactures,
139	139	transports, repairs, or sells the firearm silencer in compliance
140	140	with federal law; or
141	141	[(7)] an improvised explosive device.
142	142	SECTION 3. Section 46.01(4), Penal Code, is repealed.
143	143	SECTION 4. Subchapter B, Chapter 2, Government Code, as
144	144	added by this Act, applies only to a firearm suppressor, as that
145	145	term is defined by Section 2.001, Government Code, as added by this
146	146	Act, that is manufactured on or after the effective date of this
147	147	Act.
148	148	SECTION 5. An offense under Section 46.05(a)(6), Penal
149	149	Code, as it existed immediately before the effective date of this
150	150	Act, may not be prosecuted after the effective date of this Act. If
151	151	on the effective date of this Act a criminal action is pending for
152	152	an offense described by that subdivision, the action is dismissed
153	153	on that date. However, a final conviction for an offense described
154	154	by that subdivision that exists on the effective date of this Act is
155	155	unaffected by this Act.
156	156	SECTION 6. This Act takes effect September 1, 2021.