Texas 2023 - 88th Regular

Texas House Bill HB925 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R1659 AJA-F
2	2	By: Dutton H.B. No. 925
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to firearms; authorizing a private civil right of action.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. (a) The legislature finds and declares that the
10	10	proliferation of assault weapons, .50 caliber rifles, and
11	11	unserialized firearms poses a threat to the health, safety, and
12	12	security of all residents of, and visitors to, this state. All
13	13	Texans are directly harmed by the proliferation of these weapons,
14	14	and this state has a compelling interest in protecting its citizens
15	15	from gun violence and from intimidation by persons brandishing
16	16	these weapons. Further, this state has a compelling interest in
17	17	enabling law enforcement authorities to trace firearms used,
18	18	manufactured, distributed, or transported unlawfully.
19	19	(b) The legislature further finds and declares that the
20	20	proliferation of firearms to and among young people poses a threat
21	21	to the health, safety, and security of all residents of, and
22	22	visitors to, this state. Firearms are especially dangerous in the
23	23	hands of young people because current research and scientific
24	24	evidence show that young people are more impulsive, more likely to
25	25	engage in risky and reckless behavior, unduly influenced by peer
26	26	pressure, motivated more by rewards than costs or negative
27	27	consequences, less likely to consider the future consequences of
28	28	their actions and decisions, and less able to control themselves in
29	29	emotionally arousing situations. In recognition of these facts, the
30	30	legislature has previously prohibited certain transfers of
31	31	firearms to a person under 18 years of age. This state has a
32	32	compelling interest in further restricting the proliferation of
33	33	firearms among those under 21 years of age.
34	34	(c) The legislature finds it necessary to restrict assault
35	35	weapons based on a finding that each assault weapon has such a high
36	36	rate of fire and capacity for firepower that its function as a
37	37	legitimate sports or recreational firearm is substantially
38	38	outweighed by the danger that it can be used to kill and injure
39	39	human beings. The legislature also finds it necessary to restrict
40	40	.50 caliber rifles based on a finding that they pose a clear and
41	41	present threat to the health, safety, and security of all residents
42	42	of, and visitors to, this state because those firearms have such a
43	43	high capacity for long-distance and highly destructive firepower
44	44	that they pose an unacceptable risk of death and serious injury of
45	45	human beings, and destruction or serious damage of vital public and
46	46	private buildings, civilian, police, and military vehicles, power
47	47	generation and transmission facilities, petrochemical production
48	48	and storage facilities, and transportation infrastructure. The
49	49	legislature further finds and declares that the manufacture,
50	50	distribution, transport, importation, and sale of unserialized
51	51	firearms pose a threat to the health, safety, and security of all
52	52	residents of, and visitors to, this state and impede law
53	53	enforcement activities, and that the manufacture, distribution,
54	54	transport, importation, and sale of firearm precursor parts and
55	55	kits are contributing to the proliferation of unserialized firearms
56	56	in this state.
57	57	(d) It is the intent of the legislature in enacting this Act
58	58	to further restrict in this state the manufacture, distribution,
59	59	transportation, importation, sale, loan, and transfer of assault
60	60	weapons, .50 caliber rifles, and unserialized firearms and further
61	61	restrict the proliferation of firearms to and among those under 21
62	62	years of age by creating new civil law prohibitions and a civil
63	63	enforcement mechanism, independent of existing law. This Act may
64	64	not be construed to limit in any way the enforceability of existing
65	65	laws concerning firearms, including Chapter 46, Penal Code.
66	66	(e) The legislature has defined "assault weapon" to include
67	67	the types, series, and models listed in the definition of that term
68	68	because it is the most effective way to identify and restrict a
69	69	specific class of semiautomatic weapons. The legislature finds a
70	70	significant public purpose in exempting from the definition of
71	71	"assault weapon" pistols that are designed expressly for use in
72	72	Olympic target shooting events. Therefore, those pistols that are
73	73	sanctioned by the International Olympic Committee and by USA
74	74	Shooting, the national governing body for international shooting
75	75	competition in the United States, and that were used for Olympic
76	76	target shooting purposes as of January 1, 2001, and that would
77	77	otherwise fall within the definition of "assault weapon" under this
78	78	Act, are exempt as provided by this Act.
79	79	SECTION 2. Subtitle A, Title 9, Health and Safety Code, is
80	80	amended by adding Chapter 769 to read as follows:
81	81	CHAPTER 769. MANUFACTURE, DISTRIBUTION, TRANSPORTATION,
82	82	IMPORTATION, SALE, LOAN, OR TRANSFER OF FIREARMS AND PRECURSOR
83	83	PARTS
84	84	Sec. 769.001. DEFINITIONS. In this chapter:
85	85	(1) ".50 caliber rifle" means a centerfire rifle that
86	86	can fire a .50 caliber cartridge and is not already an assault
87	87	weapon or a machine gun. The term does not include an antique
88	88	firearm, curio, or relic, as defined by 27 C.F.R. Section 478.11.
89	89	(2) "Assault weapon":
90	90	(A) includes:
91	91	(i) all of the following specified rifles:
92	92	(a) all AK series, including the
93	93	models identified as:
94	94	(1) made in China AK, AKM, AKS,
95	95	AK47, AK47S, 56, 56S, 84S, and 86S;
96	96	(2) Norinco 56, 56S, 84S, and
97	97	86S;
98	98	(3) Poly Technologies AKS and
99	99	AK47; and
100	100	(4) MAADI AK47 and ARM;
101	101	(b) UZI and Galil;
102	102	(c) Beretta AR-70;
103	103	(d) CETME Sporter;
104	104	(e) Colt AR-15 series;
105	105	(f) Daewoo K-1, K-2, Max 1, Max 2, AR
106	106	100, and AR 110C;
107	107	(g) Fabrique Nationale FAL, LAR, FNC,
108	108	308 Match, and Sporter;
109	109	(h) MAS 223;
110	110	(i) HK-91, HK-93, HK-94, and
111	111	HK-PSG-1;
112	112	(j) the following MAC types:
113	113	(1) RPB Industries Incorporated
114	114	sM10 and sM11; and
115	115	(2) SWD Incorporated M11;
116	116	(k) SKS with detachable magazine;
117	117	(l) SIG AMT, PE-57, SG 550, and SG
118	118	551;
119	119	(m) Springfield Armory BM59 and
120	120	SAR-48;
121	121	(n) Sterling MK-6;
122	122	(o) Steyer AUG;
123	123	(p) Valmet M62S, M71S, and M78S;
124	124	(q) Armalite AR-180;
125	125	(r) Bushmaster Assault Rifle;
126	126	(s) Calico M-900;
127	127	(t) J&R ENG M-68; and
128	128	(u) Weaver Arms Nighthawk;
129	129	(ii) all of the following specified
130	130	pistols:
131	131	(a) UZI;
132	132	(b) Encom MP-9 and MP-45; and
133	133	(c) the following MAC types:
134	134	(1) RPB Industries Incorporated
135	135	sM10 and sM11;
136	136	(2) SWD Incorporated M-11;
137	137	(3) Advance Armament
138	138	Incorporated M-11;
139	139	(4) Military Armament
140	140	Corporation Ingram M-11;
141	141	(5) Intratec TEC-9;
142	142	(6) Sites Spectre;
143	143	(7) Sterling MK-7;
144	144	(8) Calico M-950; and
145	145	(9) Bushmaster Pistol;
146	146	(iii) all of the following specified
147	147	shotguns:
148	148	(a) Franchi SPAS 12 and LAW 12;
149	149	(b) Striker 12; and
150	150	(c) the Streetsweeper type S/S
151	151	Incorporated SS/12;
152	152	(iv) any firearm declared to be an assault
153	153	weapon by a court;
154	154	(v) a semiautomatic centerfire rifle that
155	155	does not have a fixed magazine but has any one of the following:
156	156	(a) a pistol grip that protrudes
157	157	conspicuously beneath the action of the weapon;
158	158	(b) a thumbhole stock;
159	159	(c) a folding or telescoping stock;
160	160	(d) a grenade launcher or flare
161	161	launcher;
162	162	(e) a flash suppressor; or
163	163	(f) a forward pistol grip;
164	164	(vi) a semiautomatic centerfire rifle that
165	165	has a fixed magazine with the capacity to accept more than 10
166	166	rounds;
167	167	(vii) a semiautomatic centerfire rifle that
168	168	has an overall length of less than 30 inches;
169	169	(viii) a semiautomatic pistol that does not
170	170	have a fixed magazine but has any one of the following:
171	171	(a) a threaded barrel, capable of
172	172	accepting a flash suppressor, forward handgrip, or silencer;
173	173	(b) a second handgrip;
174	174	(c) a shroud that is attached to, or
175	175	partially or completely encircles, the barrel that allows the
176	176	bearer to fire the weapon without burning the bearer's hand, except
177	177	a slide that encloses the barrel; or
178	178	(d) the capacity to accept a
179	179	detachable magazine at some location outside of the pistol grip;
180	180	(ix) a semiautomatic pistol with a fixed
181	181	magazine that has the capacity to accept more than 10 rounds;
182	182	(x) a semiautomatic shotgun that has both
183	183	of the following:
184	184	(a) a folding or telescoping stock;
185	185	and
186	186	(b) a pistol grip that protrudes
187	187	conspicuously beneath the action of the weapon, thumbhole stock, or
188	188	vertical handgrip;
189	189	(xi) a semiautomatic shotgun that does not
190	190	have a fixed magazine;
191	191	(xii) any shotgun with a revolving
192	192	cylinder;
193	193	(xiii) a semiautomatic centerfire firearm
194	194	that is not a rifle, pistol, or shotgun and does not have a fixed
195	195	magazine but has any one of the following:
196	196	(a) a pistol grip that protrudes
197	197	conspicuously beneath the action of the weapon;
198	198	(b) a thumbhole stock;
199	199	(c) a folding or telescoping stock;
200	200	(d) a grenade launcher or flare
201	201	launcher;
202	202	(e) a flash suppressor;
203	203	(f) a forward pistol grip;
204	204	(g) a threaded barrel, capable of
205	205	accepting a flash suppressor, forward handgrip, or silencer;
206	206	(h) a second handgrip;
207	207	(i) a shroud that is attached to, or
208	208	partially or completely encircles, the barrel that allows the
209	209	bearer to fire the weapon without burning the bearer's hand, except
210	210	a slide that encloses the barrel; or
211	211	(j) the capacity to accept a
212	212	detachable magazine at some location outside of the pistol grip;
213	213	(xiv) a semiautomatic centerfire firearm
214	214	that is not a rifle, pistol, or shotgun and has a fixed magazine
215	215	with the capacity to accept more than 10 rounds; and
216	216	(xv) a semiautomatic centerfire firearm
217	217	that is not a rifle, pistol, or shotgun and has an overall length of
218	218	less than 30 inches; and
219	219	(B) does not include:
220	220	(i) any antique firearm; or
221	221	(ii) any of the following pistols that are
222	222	sanctioned by the International Olympic Committee and by USA
223	223	Shooting, the national governing body for international shooting
224	224	competition in the United States, and that were used for Olympic
225	225	target shooting purposes as of January 1, 2001:
226	226	(a) a Benelli MP90 .22 caliber long
227	227	rifle;
228	228	(b) a Benelli MP90 .32 caliber Smith &
229	229	Wesson long;
230	230	(c) a Benelli MP95 .22 caliber long
231	231	rifle;
232	232	(d) a Benelli MP95 .32 caliber Smith &
233	233	Wesson long;
234	234	(e) a Hammerli 280 .22 caliber long
235	235	rifle;
236	236	(f) a Hammerli 280 .32 caliber Smith &
237	237	Wesson long;
238	238	(g) a Hammerli SP20 .22 caliber long
239	239	rifle;
240	240	(h) a Hammerli SP20 .32 caliber Smith &
241	241	Wesson long;
242	242	(i) a Pardini GPO .22 caliber short;
243	243	(j) a Pardini GPO-Schumann .22
244	244	caliber short;
245	245	(k) a Pardini HP .32 caliber Smith &
246	246	Wesson long;
247	247	(l) a Pardini MP .32 caliber Smith &
248	248	Wesson long;
249	249	(m) a Pardini SP .22 caliber long
250	250	rifle;
251	251	(n) a Pardini SPE .22 caliber long
252	252	rifle;
253	253	(o) a Walther GSP .22 caliber long
254	254	rifle;
255	255	(p) a Walther GSP .32 caliber Smith &
256	256	Wesson long;
257	257	(q) a Walther OSP .22 caliber short;
258	258	or
259	259	(r) a Walther OSP-2000 .22 caliber
260	260	short.
261	261	(3) "Federally regulated firearm precursor part"
262	262	means any firearm precursor part considered to be a firearm under 18
263	263	U.S.C. Chapter 44 and regulations issued under that chapter, and
264	264	that has been imprinted with a serial number by a federal licensee
265	265	authorized to serialize firearms in compliance with all applicable
266	266	federal laws and regulations.
267	267	(4) "Firearm" means a device, designed to be used as a
268	268	weapon, from which a projectile is expelled through a barrel by the
269	269	force of an explosion or other form of combustion.
270	270	(5) "Firearm precursor part" means any forging,
271	271	casting, printing, extrusion, machined body, or similar article
272	272	that has reached a stage in manufacture where the article may
273	273	readily be completed, assembled, or converted to be used as the
274	274	frame or receiver of a functional firearm, or that is marketed or
275	275	sold to the public to become or be used as the frame or receiver of a
276	276	functional firearm once completed, assembled, or converted. The
277	277	term does not include firearm parts that can only be used on antique
278	278	firearms.
279	279	(6) "Fixed magazine" means an ammunition feeding
280	280	device contained in, or permanently attached to, a firearm in such a
281	281	manner that the device cannot be removed without disassembly of the
282	282	firearm action.
283	283	(7) "Series" includes all other models that are only
284	284	variations, with minor differences, of those models listed in
285	285	Subdivision (2)(A)(i) regardless of the manufacturer.
286	286	(8) "Unserialized firearm" means a firearm that does
287	287	not have a serial number as required by law or has had its serial
288	288	number altered or obliterated.
289	289	Sec. 769.002. MANUFACTURE, DISTRIBUTION, TRANSPORTATION,
290	290	IMPORTATION, SALE, LOAN, OR TRANSFER OF CERTAIN FIREARMS AND
291	291	PRECURSOR PARTS. (a) Notwithstanding any other law, a person
292	292	within this state may not manufacture or cause to be manufactured,
293	293	distribute, transport, or import into this state, or cause to be
294	294	distributed, transported, or imported into this state, keep for
295	295	sale, offer or expose for sale, or give or lend any assault weapon,
296	296	.50 caliber rifle, or unserialized firearm, except as provided by
297	297	Subsections (f) and (g) and Section 769.003.
298	298	(b) Except by operation of law, a person may not purchase,
299	299	sell, offer to sell, or transfer ownership of any firearm precursor
300	300	part in this state that is not a federally regulated firearm
301	301	precursor part. This subsection does not apply to:
302	302	(1) the purchase of a firearm precursor part that is
303	303	not a federally regulated firearm precursor part by a federally
304	304	licensed firearms manufacturer or importer, or by a federal
305	305	licensee authorized to serialize firearms;
306	306	(2) the sale, offer to sell, or transfer of ownership
307	307	of a firearm precursor part that is not a federally regulated
308	308	firearm precursor part to a federally licensed firearms
309	309	manufacturer or importer, or to a federal licensee authorized to
310	310	serialize firearms; or
311	311	(3) a common carrier licensed under state law, or a
312	312	motor carrier, air carrier, or carrier affiliated with an air
313	313	carrier through common controlling interest that is subject to
314	314	Title 49, United States Code, or an authorized agent of any such
315	315	carrier, when acting in the course and scope of duties incident to
316	316	the receipt, processing, transportation, or delivery of property.
317	317	(c) A person may not sell, supply, deliver, or give
318	318	possession or control of a firearm to any person who is under 21
319	319	years of age. This subsection does not apply to or affect the sale,
320	320	supply, delivery, or giving of possession or control of a firearm
321	321	that:
322	322	(1) is not a handgun or a semiautomatic centerfire
323	323	rifle to a person 18 years of age or older who possesses a valid,
324	324	unexpired hunting license issued by the Parks and Wildlife
325	325	Department;
326	326	(2) is not a handgun, semiautomatic centerfire rifle,
327	327	completed frame or receiver, or firearm precursor part to a person
328	328	who is 18 years of age or older and provides proper identification
329	329	of being an honorably discharged member of the United States Armed
330	330	Forces, the National Guard, the Air National Guard, or the active
331	331	reserve components of the United States; or
332	332	(3) is not a handgun to a person who is 18 years of age
333	333	or older and:
334	334	(A) is an active peace officer, as described by
335	335	Article 2.12, Code of Criminal Procedure, who is authorized to
336	336	carry a firearm in the course and scope of employment;
337	337	(B) is an active federal officer or law
338	338	enforcement agent who is authorized to carry a firearm in the course
339	339	and scope of employment;
340	340	(C) is a reserve peace officer who is authorized
341	341	to carry a firearm in the course and scope of employment as a
342	342	reserve peace officer; or
343	343	(D) provides proper identification of active
344	344	membership in the United States Armed Forces, the National Guard,
345	345	the Air National Guard, or the active reserve components of the
346	346	United States.
347	347	(d) For purposes of Subsection (c)(2), proper
348	348	identification includes a military identification card or other
349	349	written documentation certifying that the person is an honorably
350	350	discharged member.
351	351	(e) The prohibitions described by Subsections (a), (b), and
352	352	(c) apply regardless of whether the firearm or firearm precursor
353	353	part is misused or is intended to be misused in a criminal or
354	354	unlawful manner.
355	355	(f) Subsections (a), (b), and (c) do not apply to the sale of
356	356	an assault weapon, .50 caliber rifle, unserialized firearm, or
357	357	firearm precursor part to, or the purchase, transportation,
358	358	importation, sale or other transfer, or manufacture of an assault
359	359	weapon, .50 caliber rifle, unserialized firearm, or firearm
360	360	precursor part by, any law enforcement agency or public entity that
361	361	employs peace officers, or any authorized law enforcement
362	362	representative thereof, if that agency, entity, or representative
363	363	is not prohibited by law from possessing an assault weapon, .50
364	364	caliber rifle, unserialized firearm, or firearm precursor part,
365	365	including the Texas Department of Criminal Justice, a police
366	366	department or sheriff's or marshal's office, the Department of
367	367	Public Safety, a district attorney's office, the Parks and Wildlife
368	368	Department, the military or naval forces of this state or of the
369	369	United States, a law enforcement or military agency of another
370	370	state, any federal law enforcement agency, or any foreign
371	371	government or agency approved by the United States Department of
372	372	State, for use in the discharge of the official duties of those
373	373	entities.
374	374	(g) Subsections (a) and (b) do not apply to a person who is
375	375	the executor or administrator of an estate that includes an assault
376	376	weapon or a .50 caliber rifle that is disposed of as authorized by
377	377	the probate court.
378	378	Sec. 769.003. SERVICING OR REPAIR OF CERTAIN FIREARMS AND
379	379	PRECURSOR PARTS; TRANSPORTATION; RELINQUISHMENT.
380	380	(a) Notwithstanding Section 769.002, a firearms dealer may take
381	381	possession of any assault weapon or .50 caliber rifle from any
382	382	person who may legally possess the assault weapon or rifle, or of
383	383	any firearm precursor part, for the purpose of servicing or repair.
384	384	(b) Notwithstanding Section 769.002, a firearms dealer may
385	385	transfer possession of any assault weapon, .50 caliber rifle, or
386	386	firearm precursor part received under Subsection (a) to a gunsmith
387	387	for the purpose of servicing or repair. A transfer is permissible
388	388	only to the following persons:
389	389	(1) a gunsmith employed by the dealer; or
390	390	(2) a gunsmith with whom the dealer has contracted for
391	391	gunsmithing services.
392	392	(c) Subsection (b)(2) applies only if the gunsmith
393	393	receiving the assault weapon, .50 caliber rifle, or firearm
394	394	precursor part meets both of the following qualifications:
395	395	(1) the gunsmith holds a dealer license issued under
396	396	18 U.S.C. Chapter 44 and the regulations issued under that chapter;
397	397	and
398	398	(2) the gunsmith holds any business license required
399	399	by a state or local governmental entity.
400	400	(d) A firearms dealer who lawfully possesses an assault
401	401	weapon, .50 caliber rifle, or firearm precursor part in accordance
402	402	with this section may:
403	403	(1) transport the firearm or firearm precursor part
404	404	between dealers or out of this state if that person is permitted
405	405	under the National Firearms Act; or
406	406	(2) sell the firearm or firearm precursor part to a
407	407	resident outside this state.
408	408	(e) A firearm or firearm precursor part that is transported
409	409	under this section or Section 769.002 must be:
410	410	(1) transported in a motor vehicle while:
411	411	(A) locked in the vehicle's trunk; or
412	412	(B) in a locked container in the vehicle that:
413	413	(i) is secure and fully enclosed and locked
414	414	by a padlock, keylock, combination lock, or similar device; and
415	415	(ii) is not a utility or glove compartment
416	416	of the vehicle; and
417	417	(2) carried directly to or from the motor vehicle in
418	418	the locked container described by Subdivision (1)(B).
419	419	(f) Notwithstanding Section 769.002, and provided that the
420	420	firearm or firearm precursor part is transported in compliance with
421	421	Subsection (e), an individual may:
422	422	(1) arrange in advance to relinquish an assault
423	423	weapon, .50 caliber rifle, unserialized firearm, or firearm
424	424	precursor part to a police or sheriff's department;
425	425	(2) sell, deliver, or transfer an assault weapon, .50
426	426	caliber rifle, unserialized firearm, or firearm precursor part to
427	427	an authorized representative of a municipality, municipality and
428	428	county, county, or state government, or of the federal government,
429	429	provided that the entity is acquiring the weapon as part of an
430	430	authorized, voluntary program in which the entity is buying or
431	431	receiving weapons from private individuals; or
432	432	(3) transfer, relinquish, or dispose of a firearm or
433	433	firearm precursor part.
434	434	Sec. 769.004. LIMITATIONS ON PUBLIC ENFORCEMENT.
435	435	(a) Notwithstanding any other law, the requirements of this
436	436	chapter shall be enforced exclusively through the private civil
437	437	actions described by Section 769.005. Enforcement of this chapter
438	438	may not be taken or threatened by this state, a political
439	439	subdivision of this state, a district, county, or municipal
440	440	attorney, or an executive or administrative officer or employee of
441	441	this state or a political subdivision of this state against any
442	442	person, except as provided by Section 769.005.
443	443	(b) The fact that conduct violates this chapter is not an
444	444	independent basis for enforcement of any other law of this state, or
445	445	the denial, revocation, suspension, or withholding of any right or
446	446	privilege conferred by the law of this state or a political
447	447	subdivision of this state, or a threat to do the same, by this
448	448	state, a political subdivision of this state, a district, county,
449	449	or municipal attorney, or an executive or administrative officer or
450	450	employee of this state or a political subdivision of this state, or
451	451	a board, commission, or similar body assigned authority to do so
452	452	under law, against any person, except as provided by Section
453	453	769.005. A civil action predicated on a violation of this chapter
454	454	may not be brought by this state, a political subdivision of this
455	455	state, a district, county, or municipal attorney, or an executive
456	456	or administrative officer or employee of this state or a political
457	457	subdivision of this state. For avoidance of doubt, the rights and
458	458	privileges described by this section include any business licenses
459	459	and permits issued under a law of this state. This subsection may
460	460	not be construed to prevent or limit enforcement of any other law
461	461	regulating conduct that also violates this chapter.
462	462	(c) Subsections (a) and (b) may not be construed to:
463	463	(1) legalize the conduct prohibited by this chapter;
464	464	(2) limit or affect the availability of a remedy
465	465	established by Section 769.005; or
466	466	(3) limit the enforceability of any other laws that
467	467	regulate or prohibit any conduct relating to firearms or firearm
468	468	precursor parts.
469	469	Sec. 769.005. CIVIL LIABILITY FOR VIOLATION OR AIDING AND
470	470	ABETTING VIOLATION. (a) Any person, other than an officer or
471	471	employee of this state or political subdivision of this state, may
472	472	bring a civil action against any person who:
473	473	(1) knowingly violates Section 769.002;
474	474	(2) knowingly engages in conduct that aids or abets
475	475	another person in violating Section 769.002, regardless of whether
476	476	the person knew or should have known that the person aided or
477	477	abetted would be violating Section 769.002; or
478	478	(3) knowingly commits an act with the intent to engage
479	479	in the conduct described by Subdivision (1) or (2).
480	480	(b) If a claimant prevails in an action brought under this
481	481	section, the court shall award:
482	482	(1) injunctive relief sufficient to prevent the
483	483	defendant from violating this chapter or engaging in acts that aid
484	484	or abet a violation of this chapter;
485	485	(2) statutory damages in an amount of not less than
486	486	$10,000 for each weapon or firearm precursor part as to which the
487	487	defendant violated Section 769.002, and for each weapon or firearm
488	488	precursor part as to which the defendant aided or abetted a
489	489	violation of Section 769.002; and
490	490	(3) attorney's fees and costs.
491	491	(c) Notwithstanding Subsection (b), a court may not award
492	492	relief under this section in response to conduct described by
493	493	Subsection (a) if the defendant demonstrates that the defendant
494	494	previously paid the full amount of any monetary award under
495	495	Subsection (b)(2) in a previous action for each firearm or firearm
496	496	precursor part as to which the defendant violated, or aided or
497	497	abetted a violation of, Section 769.002 or committed an act with the
498	498	intent to violate or aid or abet a violation of that section.
499	499	(d) Notwithstanding any other law, a cause of action under
500	500	this section is extinguished unless the action is brought not later
501	501	than the fourth anniversary of the day the cause of action accrues.
502	502	(e) An act or omission in violation of Section 769.002 shall
503	503	be considered an injury in fact to all residents of, and visitors
504	504	to, this state, and any such person shall have standing to bring an
505	505	action under this section. Damages under Subsection (b)(2) may not
506	506	be considered exemplary damages for purposes of Chapter 41, Civil
507	507	Practice and Remedies Code.
508	508	(f) Notwithstanding any other law, none of the following is
509	509	a defense to an action brought under this section:
510	510	(1) a defendant's ignorance or mistake of law;
511	511	(2) a defendant's belief that the requirements of this
512	512	chapter are unconstitutional or were unconstitutional;
513	513	(3) a defendant's reliance on any court decision that
514	514	has been overruled on appeal or by a subsequent court, even if that
515	515	court decision had not been overruled when the defendant engaged in
516	516	conduct that violates this chapter;
517	517	(4) a defendant's reliance on any state or federal
518	518	court decision that is not binding on the court in which the action
519	519	has been brought;
520	520	(5) a nonmutual issue preclusion or nonmutual claim
521	521	preclusion;
522	522	(6) any claim that the enforcement of this chapter or
523	523	the imposition of civil liability against the defendant will
524	524	violate a constitutional right of a third party;
525	525	(7) a defendant's assertion that this chapter
526	526	proscribes conduct that is separately prohibited by the Penal Code
527	527	or any other law of this state, or that this chapter proscribes
528	528	conduct beyond that which is already prohibited by the Penal Code or
529	529	any other law of this state; or
530	530	(8) any claim that the firearm or firearm precursor
531	531	part at issue was not misused, or was not intended to be misused, in
532	532	a criminal or unlawful manner.
533	533	(g) The following are affirmative defenses to an action
534	534	brought under this section:
535	535	(1) a person sued under Subsection (a)(2) reasonably
536	536	believed, after conducting a reasonable investigation, that the
537	537	person aided or abetted was complying with this chapter; and
538	538	(2) a person sued under Subsection (a)(3) reasonably
539	539	believed, after conducting a reasonable investigation, that the
540	540	person was complying with this chapter or was aiding or abetting
541	541	another who was complying with this chapter.
542	542	(h) The defendant in an action under this section has the
543	543	burden of proving an affirmative defense under Subsection (g) by a
544	544	preponderance of the evidence.
545	545	(i) This section may not be construed to impose liability on
546	546	any speech or conduct protected by the First Amendment to the United
547	547	States Constitution, as made applicable to the states through the
548	548	United States Supreme Court's interpretation of the Fourteenth
549	549	Amendment to the United States Constitution, or by Section 8,
550	550	Article I, Texas Constitution.
551	551	(j) Notwithstanding any other law, this state, a state
552	552	official, or a district, county, or municipal attorney may not
553	553	intervene in an action brought under this section. However, this
554	554	subsection does not prohibit a person described by this subsection
555	555	from filing an amicus curiae brief in the action.
556	556	(k) Notwithstanding any other law, a court may not award
557	557	attorney's fees or costs to a defendant in an action brought under
558	558	this section.
559	559	(l) An action may not be brought under this section against
560	560	a federal government, state, or political subdivision, or an
561	561	employee of a federal government, state, or political subdivision
562	562	on the basis of acts or omissions in the course of discharge of
563	563	official duties.
564	564	Sec. 769.006. STANDING TO ASSERT CERTAIN DEFENSES. (a) A
565	565	defendant against whom an action is brought under Section 769.005
566	566	does not have standing to assert the right of another individual to
567	567	keep and bear arms under the Second Amendment to the United States
568	568	Constitution as a defense to liability under that section unless:
569	569	(1) the United States Supreme Court holds that the
570	570	courts of this state must confer standing on that defendant to
571	571	assert the third-party rights of other individuals in state court
572	572	as a matter of federal constitutional law; or
573	573	(2) the defendant has standing to assert the rights of
574	574	other individuals under the tests for third-party standing
575	575	established by the United States Supreme Court.
576	576	(b) A defendant in an action brought under Section 769.005
577	577	may assert an affirmative defense to liability under this section
578	578	if the defendant:
579	579	(1) has standing to assert the third-party right of an
580	580	individual to keep and bear arms in accordance with Subsection (a);
581	581	and
582	582	(2) demonstrates that the relief sought by the
583	583	claimant will violate the third party's rights under the Second
584	584	Amendment to the United States Constitution as defined by clearly
585	585	established case law of the United States Supreme Court.
586	586	(c) This section may not be construed to limit or preclude a
587	587	defendant from asserting the defendant's personal constitutional
588	588	rights as a defense to liability under Section 769.005. A court may
589	589	not award relief under Section 769.005 if the conduct for which the
590	590	defendant has been sued was an exercise of a state or federal
591	591	constitutional right that personally belongs to the defendant.
592	592	Sec. 769.007. CONSTRUCTION OF CHAPTER. This chapter may
593	593	not be construed to:
594	594	(1) authorize the initiation of an action under this
595	595	chapter against a person purchasing, obtaining, or attempting to
596	596	purchase or obtain an assault weapon, .50 caliber rifle,
597	597	unserialized firearm, or firearm precursor part from a person
598	598	acting in violation of this chapter;
599	599	(2) wholly or partly repeal, either expressly or by
600	600	implication, any other statute that regulates or prohibits any
601	601	conduct relating to firearms or firearm precursor parts; or
602	602	(3) restrict a political subdivision from regulating
603	603	or prohibiting conduct relating to assault weapons, .50 caliber
604	604	rifles, unserialized firearms, or firearm precursor parts in a
605	605	manner that is at least as stringent as the laws of this state.
606	606	Sec. 769.008. VENUE. (a) Notwithstanding any other law,
607	607	an action brought under Section 769.005 shall be brought in:
608	608	(1) the county in which all or a substantial part of
609	609	the events or omissions giving rise to the claim occurred;
610	610	(2) the county of residence of any natural person
611	611	defendant at the time the cause of action accrued;
612	612	(3) the county of the principal office in this state of
613	613	any defendant that is not a natural person; or
614	614	(4) the county of residence for the claimant if the
615	615	claimant is a natural person residing in this state.
616	616	(b) Notwithstanding any other law, if an action is brought
617	617	under Section 769.005 in one of the venues described by Subsection
618	618	(a), the action may not be transferred to a different venue without
619	619	the written consent of all parties.
620	620	Sec. 769.009. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
621	621	IMMUNITY PRESERVED. (a) Notwithstanding any other law, this state
622	622	has sovereign immunity, a political subdivision has governmental
623	623	immunity, and each officer and employee of this state or a political
624	624	subdivision of this state has official immunity in any action,
625	625	claim, or counterclaim or any type of legal or equitable action that
626	626	challenges the validity of any provision or application of this
627	627	chapter, on constitutional grounds or otherwise.
628	628	(b) A provision of state law may not be construed to waive or
629	629	abrogate an immunity described by Subsection (a) unless the
630	630	provision expressly waives immunity under this section.
631	631	Sec. 769.010. SEVERABILITY. (a) It is the intent of the
632	632	legislature that every provision, section, subdivision, sentence,
633	633	clause, phrase, and word in this chapter, and every application of
634	634	the provisions of this chapter, are severable from each other.
635	635	(b) If any application of any provision in this chapter to
636	636	any person, group of persons, or circumstances is found by a court
637	637	to be invalid or unconstitutional, the remaining applications of
638	638	that provision to all other persons and circumstances shall be
639	639	severed and may not be affected. All constitutionally valid
640	640	applications of this chapter shall be severed from any applications
641	641	that a court finds to be invalid, leaving the valid applications in
642	642	force, because it is the legislature's intent and priority that the
643	643	valid applications be allowed to stand alone. Even if a reviewing
644	644	court finds a provision of this chapter to impose an
645	645	unconstitutional burden in a large or substantial fraction of
646	646	relevant cases, the applications that do not present an
647	647	unconstitutional burden shall be severed from the remaining
648	648	applications and shall remain in force, and shall be treated as if
649	649	the legislature had enacted a statute limited to the persons, group
650	650	of persons, or circumstances for which the statute's application
651	651	does not present an unconstitutional burden. If any court declares
652	652	or finds a provision of this chapter facially unconstitutional,
653	653	when discrete applications of that provision can be enforced
654	654	against a person, group of persons, or circumstances without
655	655	violating the United States Constitution and the Texas
656	656	Constitution, those applications shall be severed from all
657	657	remaining applications of the provision, and the provision shall be
658	658	interpreted as if the legislature had enacted a provision limited
659	659	to the persons, group of persons, or circumstances for which the
660	660	provision's application will not violate the United States
661	661	Constitution and the Texas Constitution.
662	662	(c) The legislature further declares that it would have
663	663	enacted this chapter, and each provision, section, subdivision,
664	664	sentence, clause, phrase, and word, and all constitutional
665	665	applications of this chapter, irrespective of the fact that any
666	666	provision, section, subdivision, sentence, clause, phrase, or
667	667	word, or application of this chapter, were to be declared
668	668	unconstitutional or to represent an unconstitutional burden.
669	669	(d) If any provision of this chapter is found by any court to
670	670	be unconstitutionally vague, then the applications of that
671	671	provision that do not present constitutional vagueness problems
672	672	shall be severed and remain in force.
673	673	(e) A court may not decline to enforce the severability
674	674	requirements of this section on the ground that severance would
675	675	rewrite the statute or involve the court in legislative or
676	676	lawmaking activity. A court that declines to enforce or enjoins a
677	677	state official from enforcing a statutory provision of this chapter
678	678	does not rewrite a statute, as the statute continues to contain the
679	679	same words as before the court's decision. A judicial injunction or
680	680	declaration of unconstitutionality of a provision of this chapter:
681	681	(1) is nothing more than an edict prohibiting
682	682	enforcement that may subsequently be vacated by a later court if
683	683	that court has a different understanding of the requirements of the
684	684	Texas Constitution or the United States Constitution;
685	685	(2) is not a formal amendment of the language in a
686	686	statute; and
687	687	(3) does not rewrite a statute any more than a decision
688	688	by the executive not to enforce a duly enacted statute in a limited
689	689	and defined set of circumstances.
690	690	Sec. 769.011. OPERATION OF CHAPTER. This chapter becomes
691	691	inoperative on invalidation of Subchapter H, Chapter 171, Health
692	692	and Safety Code, in its entirety by a final decision of the United
693	693	States Supreme Court or Texas Supreme Court.
694	694	SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
695	695	amended by adding Section 30.023 to read as follows:
696	696	Sec. 30.023. AWARD OF ATTORNEY'S FEES IN ACTIONS
697	697	CHALLENGING FIREARMS LAW. (a) Notwithstanding any other law, any
698	698	person, including an entity, attorney, or law firm, that seeks
699	699	declaratory or injunctive relief to prevent this state, a political
700	700	subdivision of this state, a governmental entity or public official
701	701	in this state, or a person in this state from enforcing any statute,
702	702	ordinance, rule, regulation, or other type of law that regulates or
703	703	restricts firearms, or that represents any litigant seeking that
704	704	relief, is jointly and severally liable to pay the attorney's fees
705	705	and costs of the prevailing party.
706	706	(b) For purposes of this section, a party is considered a
707	707	prevailing party if a court:
708	708	(1) dismisses any claim or cause of action brought by
709	709	the party seeking the declaratory or injunctive relief described by
710	710	Subsection (a), regardless of the reason for the dismissal; or
711	711	(2) enters judgment in favor of the party opposing the
712	712	declaratory or injunctive relief described by Subsection (a), on
713	713	any claim or cause of action.
714	714	(c) Regardless of whether a prevailing party sought to
715	715	recover attorney's fees or costs in the underlying action, a
716	716	prevailing party under this section may bring a civil action to
717	717	recover attorney's fees and costs against a person, including an
718	718	entity, attorney, or law firm, that sought declaratory or
719	719	injunctive relief described by Subsection (a) not later than the
720	720	third anniversary of the date on which, as applicable:
721	721	(1) the dismissal or judgment described by Subsection
722	722	(b) becomes final on the conclusion of appellate review; or
723	723	(2) the time for seeking appellate review expires.
724	724	(d) None of the following is a defense to an action brought
725	725	under Subsection (c):
726	726	(1) a prevailing party under this section failed to
727	727	seek recovery of attorney's fees or costs in the underlying action;
728	728	(2) the court in the underlying action declined to
729	729	recognize or enforce the requirements of this section; or
730	730	(3) the court in the underlying action held that any
731	731	provision of this section is invalid, unconstitutional, or
732	732	preempted by federal law, notwithstanding the doctrines of issue or
733	733	claim preclusion.
734	734	(e) Any person, including an entity, attorney, or law firm,
735	735	that seeks declaratory or injunctive relief as described by
736	736	Subsection (a) may not be considered a prevailing party under this
737	737	section or any other provision of this chapter.
738	738	SECTION 4. Subchapter C, Chapter 311, Government Code, is
739	739	amended by adding Section 311.037 to read as follows:
740	740	Sec. 311.037. CONSTRUCTION OF FIREARMS STATUTES. (a) A
741	741	statute that regulates or prohibits firearms may not be construed
742	742	to repeal any other statute that regulates or prohibits firearms,
743	743	either wholly or partly, unless the later-enacted statute
744	744	explicitly states that it is repealing the other statute.
745	745	(b) A statute may not be construed to restrict a political
746	746	subdivision from regulating or prohibiting firearms in a manner
747	747	that is at least as stringent as the laws of this state, unless the
748	748	statute explicitly states that political subdivisions are
749	749	prohibited from regulating or prohibiting firearms in the manner
750	750	described by the statute.
751	751	(c) Every statute that regulates or prohibits firearms is
752	752	severable in each of its applications to every person and
753	753	circumstance. If any statute that regulates or prohibits firearms
754	754	is found by any court to be unconstitutional, either on its face or
755	755	as applied, then all applications of that statute that do not
756	756	violate the United States Constitution and Texas Constitution shall
757	757	be severed from the unconstitutional applications and shall remain
758	758	enforceable, notwithstanding any other law, and the statute shall
759	759	be interpreted as if containing language limiting the statute's
760	760	application to the persons, group of persons, or circumstances for
761	761	which the statute's application will not violate the United States
762	762	Constitution and Texas Constitution.
763	763	SECTION 5. This Act takes effect September 1, 2023.