By: Tinderholt H.B. No. 5153
A BILL TO BE ENTITLED
AN ACT
relating to the right of the people to keep and bear arms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Government Code, is amended by adding
Chapter 3 to read as follows:
CHAPTER 3. FEDERAL REGULATION OF FIREARMS
SUBCHAPTER A. NON-COOPERATION
Sec. 3.001. PROHIBITION. No public officer or employee of
this state or of any political subdivision of this state shall
enforce or attempt to enforce, or provide material aid to the
efforts of another who enforces or attempts to enforce, any of the
following federal acts, laws, executive orders, administrative
orders, rules, regulations, statutes, or ordinances:
(1) Any tax, levy, fee, or stamp imposed on firearms,
firearm accessories, or ammunition not common to all other goods
and services and that might reasonably be expected to create a
chilling effect on the purchase or ownership of those items;
(2) Any registration or tracking of firearms, firearm
accessories, or ammunition;
(3) Any registration or tracking of the ownership of
firearms, firearm accessories, or ammunition;
(4) Any act forbidding the possession, ownership, use,
or transfer of a firearm, firearm accessory, or ammunition by a
person who is not prohibited under state law from possessing a
firearm, unless the person is not legally present in the United
States or this state; and
(5) Any act ordering the confiscation of firearms,
firearm accessories, or ammunition from a person who is not
prohibited under state law from possessing a firearm, unless the
person is not legally present in the United States or this state.
Sec. 3.002. PRIVATE CAUSE OF ACTION. (a) Any political
subdivision or any state or local law enforcement agency that
employs a law enforcement officer who acts knowingly to violate the
provisions of Section 3.001 shall be liable to the injured party in
an action at law, suit in equity, or other proper proceeding for
redress, and subject to a civil penalty of fifty thousand dollars
per occurrence.
(b) Any person injured under this section shall also have
standing to pursue an action for injunctive relief in the district
court of the county in which the action allegedly occurred or in the
district court of Travis County. The court shall hold a hearing on
the motion for temporary restraining order and preliminary
injunction within thirty days of service of the petition.
(c) In any action under this section, the court shall award
the prevailing party, other than this state or any political
subdivision of the state, reasonable attorney's fees and costs.
(d) Sovereign immunity shall not be an affirmative defense
in any action pursuant to this section.
Sec. 3.003. CONSTRUCTION. (b) For the purposes of this
subchapter, "material aid" shall include voluntarily giving or
allowing others to make use of lodging; communications equipment or
services, including social media accounts; facilities; weapons;
personnel; transportation; clothing; or other physical assets.
Material aid shall not include giving or allowing the use of
medicine or other materials necessary to treat physical injuries,
nor shall the term include any assistance provided to help persons
escape a serious, present risk of life-threatening injury.
(c) In this subchapter, "knowingly" has the meaning
assigned by Section 6.03, Penal Code.
(d) Nothing in this subchapter shall be construed to
prohibit state officials from accepting aid from federal officials
to enforce the laws of this state.
(e) It shall not be considered a violation of this
subchapter to provide material aid to federal officials who are in
pursuit of a suspect when there is a demonstrable criminal nexus
with another state or country and such suspect is either not a
citizen of this state or is not present in this state.
(f) It shall not be considered a violation of this
subchapter to provide material aid to federal prosecution for
felony crimes against a person when such prosecution includes
weapons violations substantially similar to those found in Chapter
46, Penal Code, so long as such weapons violations are merely
ancillary to such prosecution.
(g) Nothing in this subchapter shall be construed to alter
any federal law.
SECTION 2. This Act takes effect September 1, 2023.