87R4358 TSS-D
By: Springer S.B. No. 543
A BILL TO BE ENTITLED
AN ACT
relating to local, state, and federal regulation of firearm
suppressors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Government Code, is amended by adding
Chapter 2 to read as follows:
CHAPTER 2. FIREARM SUPPRESSOR REGULATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2.001. DEFINITIONS. In this chapter:
(1) "Firearm" has the meaning assigned by Section
46.01, Penal Code.
(2) "Firearm suppressor" means any device designed,
made, or adapted to muffle the report of a firearm.
(3) "Generic and insignificant part" means an item
that has manufacturing or consumer product applications other than
inclusion in a firearm suppressor. The term includes a spring,
screw, nut, and pin.
(4) "Manufacture" includes forging, casting,
machining, or another process for working a material.
SUBCHAPTER B. INTRASTATE MANUFACTURE OF FIREARM SUPPRESSOR
Sec. 2.051. MEANING OF "MANUFACTURED IN THIS STATE." (a)
For the purposes of this subchapter, a firearm suppressor is
manufactured in this state if the item is manufactured:
(1) in this state from basic materials; and
(2) without the inclusion of any part imported from
another state other than a generic and insignificant part.
(b) For the purposes of this subchapter, a firearm
suppressor is manufactured in this state if it is manufactured as
described by Subsection (a) without regard to whether a firearm
imported into this state from another state is attached to or used
in conjunction with the suppressor.
Sec. 2.052. NOT SUBJECT TO FEDERAL REGULATION. (a) A
firearm suppressor that is manufactured in this state and remains
in this state is not subject to federal law or federal regulation,
including registration, under the authority of the United States
Congress to regulate interstate commerce.
(b) A basic material from which a firearm suppressor is
manufactured in this state, including unmachined steel, is not a
firearm suppressor and is not subject to federal regulation under
the authority of the United States Congress to regulate interstate
commerce as if it actually were a firearm suppressor.
Sec. 2.053. MARKETING OF FIREARM SUPPRESSOR. A firearm
suppressor manufactured and sold in this state must have the words
"Made in Texas" clearly stamped on it.
Sec. 2.054. ATTORNEY GENERAL. On written notification to
the attorney general by a United States citizen who resides in this
state of the citizen's intent to manufacture a firearm suppressor
to which Section 2.052 applies, the attorney general shall seek a
declaratory judgment from a federal district court in this state
that Section 2.052 is consistent with the United States
Constitution.
SUBCHAPTER C. ENFORCEMENT OF CERTAIN FEDERAL FIREARMS LAWS
PROHIBITED
Sec. 2.101. APPLICABILITY. This subchapter 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.
Sec. 2.102. STATE AND LOCAL GOVERNMENT POLICY REGARDING
ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) An entity described by
Section 2.101 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 that
purports to regulate a firearm suppressor if the statute, order,
rule, or regulation imposes a prohibition, restriction, or other
regulation that does not exist under the laws of this state.
(b) No entity described by Section 2.101 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 (a).
Sec. 2.103. STATE GRANT FUNDS. (a) An entity described by
Section 2.101 may not receive state grant funds if the entity adopts
a rule, order, ordinance, or policy under which the entity enforces
a federal law described by Section 2.102(a) or, by consistent
action, allows the enforcement of a federal law described by
Section 2.102(a).
(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 subchapter is made
that the entity has violated Section 2.102(a).
Sec. 2.104. ENFORCEMENT. (a) Any citizen residing in the
jurisdiction of an entity described by Section 2.101 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 Section 2.102(a) or that the entity, by consistent
action, allows the enforcement of a federal law described by
Section 2.102(a). The citizen must include with the complaint any
evidence the citizen has in support of the complaint.
(b) If the attorney general determines that a complaint
filed under Subsection (a) against an entity described by Section
2.101 is valid, to compel the entity's compliance with this
subchapter 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 obtaining relief under this
subsection, including court costs, reasonable attorney's fees,
investigative costs, witness fees, and deposition costs.
(c) An appeal of a suit brought under Subsection (b) 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. Section 46.05(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person intentionally
or knowingly possesses, manufactures, transports, repairs, or
sells:
(1) any of the following items, unless the item is
registered in the National Firearms Registration and Transfer
Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
Explosives or otherwise not subject to that registration
requirement or unless the item is classified as a curio or relic by
the United States Department of Justice:
(A) an explosive weapon;
(B) a machine gun; or
(C) a short-barrel firearm;
(2) armor-piercing ammunition;
(3) a chemical dispensing device;
(4) a zip gun;
(5) a tire deflation device; or
(6) [a firearm silencer, unless the firearm silencer
is classified as a curio or relic by the United States Department of
Justice or the actor otherwise possesses, manufactures,
transports, repairs, or sells the firearm silencer in compliance
with federal law; or
[(7)] an improvised explosive device.
SECTION 3. Section 46.01(4), Penal Code, is repealed.
SECTION 4. Subchapter B, Chapter 2, Government Code, as
added by this Act, applies only to a firearm suppressor, as that
term is defined by Section 2.001, Government Code, as added by this
Act, that is manufactured on or after the effective date of this
Act.
SECTION 5. An offense under Section 46.05(a)(6), Penal
Code, as it existed immediately before the effective date of this
Act, may not be prosecuted after the effective date of this Act. If
on the effective date of this Act a criminal action is pending for
an offense described by that subdivision, the action is dismissed
on that date. However, a final conviction for an offense described
by that subdivision that exists on the effective date of this Act is
unaffected by this Act.
SECTION 6. This Act takes effect September 1, 2021.