| 1 | 1 | | 88R351 LHC-F |
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| 2 | 2 | | By: Toth H.B. No. 325 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a district or county attorney participating as counsel |
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| 8 | 8 | | in certain proceedings in federal court. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 2.08, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Subsections (c) and (d) to read as follows: |
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| 12 | 12 | | (c) A district or county attorney may not be of counsel in a |
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| 13 | 13 | | proceeding in federal court involving enforcement of a federal |
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| 14 | 14 | | statute, order, rule, or regulation purporting to regulate a |
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| 15 | 15 | | firearm, firearm accessory, or ammunition. |
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| 16 | 16 | | (d) For purposes of Subsection (c): |
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| 17 | 17 | | (1) "Ammunition" has the meaning assigned by Section |
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| 18 | 18 | | 229.001, Local Government Code. |
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| 19 | 19 | | (2) "Firearm" has the meaning assigned by Section |
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| 20 | 20 | | 46.01, Penal Code. |
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| 21 | 21 | | (3) "Firearm accessory" means an item that is used in |
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| 22 | 22 | | conjunction with or mounted on a firearm but is not essential to the |
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| 23 | 23 | | basic function of the firearm. The term includes a detachable |
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| 24 | 24 | | firearm magazine. |
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| 25 | 25 | | SECTION 2. This Act takes effect September 1, 2023. |
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