| 1 | 1 | | By: Tinderholt H.B. No. 5153 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the right of the people to keep and bear arms. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Title 1, Government Code, is amended by adding |
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| 9 | 9 | | Chapter 3 to read as follows: |
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| 10 | 10 | | CHAPTER 3. FEDERAL REGULATION OF FIREARMS |
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| 11 | 11 | | SUBCHAPTER A. NON-COOPERATION |
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| 12 | 12 | | Sec. 3.001. PROHIBITION. No public officer or employee of |
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| 13 | 13 | | this state or of any political subdivision of this state shall |
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| 14 | 14 | | enforce or attempt to enforce, or provide material aid to the |
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| 15 | 15 | | efforts of another who enforces or attempts to enforce, any of the |
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| 16 | 16 | | following federal acts, laws, executive orders, administrative |
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| 17 | 17 | | orders, rules, regulations, statutes, or ordinances: |
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| 18 | 18 | | (1) Any tax, levy, fee, or stamp imposed on firearms, |
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| 19 | 19 | | firearm accessories, or ammunition not common to all other goods |
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| 20 | 20 | | and services and that might reasonably be expected to create a |
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| 21 | 21 | | chilling effect on the purchase or ownership of those items; |
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| 22 | 22 | | (2) Any registration or tracking of firearms, firearm |
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| 23 | 23 | | accessories, or ammunition; |
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| 24 | 24 | | (3) Any registration or tracking of the ownership of |
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| 25 | 25 | | firearms, firearm accessories, or ammunition; |
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| 26 | 26 | | (4) Any act forbidding the possession, ownership, use, |
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| 27 | 27 | | or transfer of a firearm, firearm accessory, or ammunition by a |
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| 28 | 28 | | person who is not prohibited under state law from possessing a |
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| 29 | 29 | | firearm, unless the person is not legally present in the United |
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| 30 | 30 | | States or this state; and |
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| 31 | 31 | | (5) Any act ordering the confiscation of firearms, |
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| 32 | 32 | | firearm accessories, or ammunition from a person who is not |
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| 33 | 33 | | prohibited under state law from possessing a firearm, unless the |
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| 34 | 34 | | person is not legally present in the United States or this state. |
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| 35 | 35 | | Sec. 3.002. PRIVATE CAUSE OF ACTION. (a) Any political |
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| 36 | 36 | | subdivision or any state or local law enforcement agency that |
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| 37 | 37 | | employs a law enforcement officer who acts knowingly to violate the |
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| 38 | 38 | | provisions of Section 3.001 shall be liable to the injured party in |
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| 39 | 39 | | an action at law, suit in equity, or other proper proceeding for |
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| 40 | 40 | | redress, and subject to a civil penalty of fifty thousand dollars |
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| 41 | 41 | | per occurrence. |
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| 42 | 42 | | (b) Any person injured under this section shall also have |
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| 43 | 43 | | standing to pursue an action for injunctive relief in the district |
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| 44 | 44 | | court of the county in which the action allegedly occurred or in the |
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| 45 | 45 | | district court of Travis County. The court shall hold a hearing on |
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| 46 | 46 | | the motion for temporary restraining order and preliminary |
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| 47 | 47 | | injunction within thirty days of service of the petition. |
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| 48 | 48 | | (c) In any action under this section, the court shall award |
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| 49 | 49 | | the prevailing party, other than this state or any political |
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| 50 | 50 | | subdivision of the state, reasonable attorney's fees and costs. |
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| 51 | 51 | | (d) Sovereign immunity shall not be an affirmative defense |
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| 52 | 52 | | in any action pursuant to this section. |
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| 53 | 53 | | Sec. 3.003. CONSTRUCTION. (b) For the purposes of this |
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| 54 | 54 | | subchapter, "material aid" shall include voluntarily giving or |
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| 55 | 55 | | allowing others to make use of lodging; communications equipment or |
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| 56 | 56 | | services, including social media accounts; facilities; weapons; |
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| 57 | 57 | | personnel; transportation; clothing; or other physical assets. |
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| 58 | 58 | | Material aid shall not include giving or allowing the use of |
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| 59 | 59 | | medicine or other materials necessary to treat physical injuries, |
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| 60 | 60 | | nor shall the term include any assistance provided to help persons |
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| 61 | 61 | | escape a serious, present risk of life-threatening injury. |
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| 62 | 62 | | (c) In this subchapter, "knowingly" has the meaning |
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| 63 | 63 | | assigned by Section 6.03, Penal Code. |
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| 64 | 64 | | (d) Nothing in this subchapter shall be construed to |
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| 65 | 65 | | prohibit state officials from accepting aid from federal officials |
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| 66 | 66 | | to enforce the laws of this state. |
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| 67 | 67 | | (e) It shall not be considered a violation of this |
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| 68 | 68 | | subchapter to provide material aid to federal officials who are in |
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| 69 | 69 | | pursuit of a suspect when there is a demonstrable criminal nexus |
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| 70 | 70 | | with another state or country and such suspect is either not a |
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| 71 | 71 | | citizen of this state or is not present in this state. |
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| 72 | 72 | | (f) It shall not be considered a violation of this |
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| 73 | 73 | | subchapter to provide material aid to federal prosecution for |
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| 74 | 74 | | felony crimes against a person when such prosecution includes |
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| 75 | 75 | | weapons violations substantially similar to those found in Chapter |
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| 76 | 76 | | 46, Penal Code, so long as such weapons violations are merely |
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| 77 | 77 | | ancillary to such prosecution. |
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| 78 | 78 | | (g) Nothing in this subchapter shall be construed to alter |
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| 79 | 79 | | any federal law. |
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| 80 | 80 | | SECTION 2. This Act takes effect September 1, 2023. |
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