88R1659 AJA-F
By: Dutton H.B. No. 925
A BILL TO BE ENTITLED
AN ACT
relating to firearms; authorizing a private civil right of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The legislature finds and declares that the
proliferation of assault weapons, .50 caliber rifles, and
unserialized firearms poses a threat to the health, safety, and
security of all residents of, and visitors to, this state. All
Texans are directly harmed by the proliferation of these weapons,
and this state has a compelling interest in protecting its citizens
from gun violence and from intimidation by persons brandishing
these weapons. Further, this state has a compelling interest in
enabling law enforcement authorities to trace firearms used,
manufactured, distributed, or transported unlawfully.
(b) The legislature further finds and declares that the
proliferation of firearms to and among young people poses a threat
to the health, safety, and security of all residents of, and
visitors to, this state. Firearms are especially dangerous in the
hands of young people because current research and scientific
evidence show that young people are more impulsive, more likely to
engage in risky and reckless behavior, unduly influenced by peer
pressure, motivated more by rewards than costs or negative
consequences, less likely to consider the future consequences of
their actions and decisions, and less able to control themselves in
emotionally arousing situations. In recognition of these facts, the
legislature has previously prohibited certain transfers of
firearms to a person under 18 years of age. This state has a
compelling interest in further restricting the proliferation of
firearms among those under 21 years of age.
(c) The legislature finds it necessary to restrict assault
weapons based on a finding that each assault weapon has such a high
rate of fire and capacity for firepower that its function as a
legitimate sports or recreational firearm is substantially
outweighed by the danger that it can be used to kill and injure
human beings. The legislature also finds it necessary to restrict
.50 caliber rifles based on a finding that they pose a clear and
present threat to the health, safety, and security of all residents
of, and visitors to, this state because those firearms have such a
high capacity for long-distance and highly destructive firepower
that they pose an unacceptable risk of death and serious injury of
human beings, and destruction or serious damage of vital public and
private buildings, civilian, police, and military vehicles, power
generation and transmission facilities, petrochemical production
and storage facilities, and transportation infrastructure. The
legislature further finds and declares that the manufacture,
distribution, transport, importation, and sale of unserialized
firearms pose a threat to the health, safety, and security of all
residents of, and visitors to, this state and impede law
enforcement activities, and that the manufacture, distribution,
transport, importation, and sale of firearm precursor parts and
kits are contributing to the proliferation of unserialized firearms
in this state.
(d) It is the intent of the legislature in enacting this Act
to further restrict in this state the manufacture, distribution,
transportation, importation, sale, loan, and transfer of assault
weapons, .50 caliber rifles, and unserialized firearms and further
restrict the proliferation of firearms to and among those under 21
years of age by creating new civil law prohibitions and a civil
enforcement mechanism, independent of existing law. This Act may
not be construed to limit in any way the enforceability of existing
laws concerning firearms, including Chapter 46, Penal Code.
(e) The legislature has defined "assault weapon" to include
the types, series, and models listed in the definition of that term
because it is the most effective way to identify and restrict a
specific class of semiautomatic weapons. The legislature finds a
significant public purpose in exempting from the definition of
"assault weapon" pistols that are designed expressly for use in
Olympic target shooting events. Therefore, those pistols that are
sanctioned by the International Olympic Committee and by USA
Shooting, the national governing body for international shooting
competition in the United States, and that were used for Olympic
target shooting purposes as of January 1, 2001, and that would
otherwise fall within the definition of "assault weapon" under this
Act, are exempt as provided by this Act.
SECTION 2. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 769 to read as follows:
CHAPTER 769. MANUFACTURE, DISTRIBUTION, TRANSPORTATION,
IMPORTATION, SALE, LOAN, OR TRANSFER OF FIREARMS AND PRECURSOR
PARTS
Sec. 769.001. DEFINITIONS. In this chapter:
(1) ".50 caliber rifle" means a centerfire rifle that
can fire a .50 caliber cartridge and is not already an assault
weapon or a machine gun. The term does not include an antique
firearm, curio, or relic, as defined by 27 C.F.R. Section 478.11.
(2) "Assault weapon":
(A) includes:
(i) all of the following specified rifles:
(a) all AK series, including the
models identified as:
(1) made in China AK, AKM, AKS,
AK47, AK47S, 56, 56S, 84S, and 86S;
(2) Norinco 56, 56S, 84S, and
86S;
(3) Poly Technologies AKS and
AK47; and
(4) MAADI AK47 and ARM;
(b) UZI and Galil;
(c) Beretta AR-70;
(d) CETME Sporter;
(e) Colt AR-15 series;
(f) Daewoo K-1, K-2, Max 1, Max 2, AR
100, and AR 110C;
(g) Fabrique Nationale FAL, LAR, FNC,
308 Match, and Sporter;
(h) MAS 223;
(i) HK-91, HK-93, HK-94, and
HK-PSG-1;
(j) the following MAC types:
(1) RPB Industries Incorporated
sM10 and sM11; and
(2) SWD Incorporated M11;
(k) SKS with detachable magazine;
(l) SIG AMT, PE-57, SG 550, and SG
551;
(m) Springfield Armory BM59 and
SAR-48;
(n) Sterling MK-6;
(o) Steyer AUG;
(p) Valmet M62S, M71S, and M78S;
(q) Armalite AR-180;
(r) Bushmaster Assault Rifle;
(s) Calico M-900;
(t) J&R ENG M-68; and
(u) Weaver Arms Nighthawk;
(ii) all of the following specified
pistols:
(a) UZI;
(b) Encom MP-9 and MP-45; and
(c) the following MAC types:
(1) RPB Industries Incorporated
sM10 and sM11;
(2) SWD Incorporated M-11;
(3) Advance Armament
Incorporated M-11;
(4) Military Armament
Corporation Ingram M-11;
(5) Intratec TEC-9;
(6) Sites Spectre;
(7) Sterling MK-7;
(8) Calico M-950; and
(9) Bushmaster Pistol;
(iii) all of the following specified
shotguns:
(a) Franchi SPAS 12 and LAW 12;
(b) Striker 12; and
(c) the Streetsweeper type S/S
Incorporated SS/12;
(iv) any firearm declared to be an assault
weapon by a court;
(v) a semiautomatic centerfire rifle that
does not have a fixed magazine but has any one of the following:
(a) a pistol grip that protrudes
conspicuously beneath the action of the weapon;
(b) a thumbhole stock;
(c) a folding or telescoping stock;
(d) a grenade launcher or flare
launcher;
(e) a flash suppressor; or
(f) a forward pistol grip;
(vi) a semiautomatic centerfire rifle that
has a fixed magazine with the capacity to accept more than 10
rounds;
(vii) a semiautomatic centerfire rifle that
has an overall length of less than 30 inches;
(viii) a semiautomatic pistol that does not
have a fixed magazine but has any one of the following:
(a) a threaded barrel, capable of
accepting a flash suppressor, forward handgrip, or silencer;
(b) a second handgrip;
(c) a shroud that is attached to, or
partially or completely encircles, the barrel that allows the
bearer to fire the weapon without burning the bearer's hand, except
a slide that encloses the barrel; or
(d) the capacity to accept a
detachable magazine at some location outside of the pistol grip;
(ix) a semiautomatic pistol with a fixed
magazine that has the capacity to accept more than 10 rounds;
(x) a semiautomatic shotgun that has both
of the following:
(a) a folding or telescoping stock;
and
(b) a pistol grip that protrudes
conspicuously beneath the action of the weapon, thumbhole stock, or
vertical handgrip;
(xi) a semiautomatic shotgun that does not
have a fixed magazine;
(xii) any shotgun with a revolving
cylinder;
(xiii) a semiautomatic centerfire firearm
that is not a rifle, pistol, or shotgun and does not have a fixed
magazine but has any one of the following:
(a) a pistol grip that protrudes
conspicuously beneath the action of the weapon;
(b) a thumbhole stock;
(c) a folding or telescoping stock;
(d) a grenade launcher or flare
launcher;
(e) a flash suppressor;
(f) a forward pistol grip;
(g) a threaded barrel, capable of
accepting a flash suppressor, forward handgrip, or silencer;
(h) a second handgrip;
(i) a shroud that is attached to, or
partially or completely encircles, the barrel that allows the
bearer to fire the weapon without burning the bearer's hand, except
a slide that encloses the barrel; or
(j) the capacity to accept a
detachable magazine at some location outside of the pistol grip;
(xiv) a semiautomatic centerfire firearm
that is not a rifle, pistol, or shotgun and has a fixed magazine
with the capacity to accept more than 10 rounds; and
(xv) a semiautomatic centerfire firearm
that is not a rifle, pistol, or shotgun and has an overall length of
less than 30 inches; and
(B) does not include:
(i) any antique firearm; or
(ii) any of the following pistols that are
sanctioned by the International Olympic Committee and by USA
Shooting, the national governing body for international shooting
competition in the United States, and that were used for Olympic
target shooting purposes as of January 1, 2001:
(a) a Benelli MP90 .22 caliber long
rifle;
(b) a Benelli MP90 .32 caliber Smith &
Wesson long;
(c) a Benelli MP95 .22 caliber long
rifle;
(d) a Benelli MP95 .32 caliber Smith &
Wesson long;
(e) a Hammerli 280 .22 caliber long
rifle;
(f) a Hammerli 280 .32 caliber Smith &
Wesson long;
(g) a Hammerli SP20 .22 caliber long
rifle;
(h) a Hammerli SP20 .32 caliber Smith &
Wesson long;
(i) a Pardini GPO .22 caliber short;
(j) a Pardini GPO-Schumann .22
caliber short;
(k) a Pardini HP .32 caliber Smith &
Wesson long;
(l) a Pardini MP .32 caliber Smith &
Wesson long;
(m) a Pardini SP .22 caliber long
rifle;
(n) a Pardini SPE .22 caliber long
rifle;
(o) a Walther GSP .22 caliber long
rifle;
(p) a Walther GSP .32 caliber Smith &
Wesson long;
(q) a Walther OSP .22 caliber short;
or
(r) a Walther OSP-2000 .22 caliber
short.
(3) "Federally regulated firearm precursor part"
means any firearm precursor part considered to be a firearm under 18
U.S.C. Chapter 44 and regulations issued under that chapter, and
that has been imprinted with a serial number by a federal licensee
authorized to serialize firearms in compliance with all applicable
federal laws and regulations.
(4) "Firearm" means a device, designed to be used as a
weapon, from which a projectile is expelled through a barrel by the
force of an explosion or other form of combustion.
(5) "Firearm precursor part" means any forging,
casting, printing, extrusion, machined body, or similar article
that has reached a stage in manufacture where the article may
readily be completed, assembled, or converted to be used as the
frame or receiver of a functional firearm, or that is marketed or
sold to the public to become or be used as the frame or receiver of a
functional firearm once completed, assembled, or converted. The
term does not include firearm parts that can only be used on antique
firearms.
(6) "Fixed magazine" means an ammunition feeding
device contained in, or permanently attached to, a firearm in such a
manner that the device cannot be removed without disassembly of the
firearm action.
(7) "Series" includes all other models that are only
variations, with minor differences, of those models listed in
Subdivision (2)(A)(i) regardless of the manufacturer.
(8) "Unserialized firearm" means a firearm that does
not have a serial number as required by law or has had its serial
number altered or obliterated.
Sec. 769.002. MANUFACTURE, DISTRIBUTION, TRANSPORTATION,
IMPORTATION, SALE, LOAN, OR TRANSFER OF CERTAIN FIREARMS AND
PRECURSOR PARTS. (a) Notwithstanding any other law, a person
within this state may not manufacture or cause to be manufactured,
distribute, transport, or import into this state, or cause to be
distributed, transported, or imported into this state, keep for
sale, offer or expose for sale, or give or lend any assault weapon,
.50 caliber rifle, or unserialized firearm, except as provided by
Subsections (f) and (g) and Section 769.003.
(b) Except by operation of law, a person may not purchase,
sell, offer to sell, or transfer ownership of any firearm precursor
part in this state that is not a federally regulated firearm
precursor part. This subsection does not apply to:
(1) the purchase of a firearm precursor part that is
not a federally regulated firearm precursor part by a federally
licensed firearms manufacturer or importer, or by a federal
licensee authorized to serialize firearms;
(2) the sale, offer to sell, or transfer of ownership
of a firearm precursor part that is not a federally regulated
firearm precursor part to a federally licensed firearms
manufacturer or importer, or to a federal licensee authorized to
serialize firearms; or
(3) a common carrier licensed under state law, or a
motor carrier, air carrier, or carrier affiliated with an air
carrier through common controlling interest that is subject to
Title 49, United States Code, or an authorized agent of any such
carrier, when acting in the course and scope of duties incident to
the receipt, processing, transportation, or delivery of property.
(c) A person may not sell, supply, deliver, or give
possession or control of a firearm to any person who is under 21
years of age. This subsection does not apply to or affect the sale,
supply, delivery, or giving of possession or control of a firearm
that:
(1) is not a handgun or a semiautomatic centerfire
rifle to a person 18 years of age or older who possesses a valid,
unexpired hunting license issued by the Parks and Wildlife
Department;
(2) is not a handgun, semiautomatic centerfire rifle,
completed frame or receiver, or firearm precursor part to a person
who is 18 years of age or older and provides proper identification
of being an honorably discharged member of the United States Armed
Forces, the National Guard, the Air National Guard, or the active
reserve components of the United States; or
(3) is not a handgun to a person who is 18 years of age
or older and:
(A) is an active peace officer, as described by
Article 2.12, Code of Criminal Procedure, who is authorized to
carry a firearm in the course and scope of employment;
(B) is an active federal officer or law
enforcement agent who is authorized to carry a firearm in the course
and scope of employment;
(C) is a reserve peace officer who is authorized
to carry a firearm in the course and scope of employment as a
reserve peace officer; or
(D) provides proper identification of active
membership in the United States Armed Forces, the National Guard,
the Air National Guard, or the active reserve components of the
United States.
(d) For purposes of Subsection (c)(2), proper
identification includes a military identification card or other
written documentation certifying that the person is an honorably
discharged member.
(e) The prohibitions described by Subsections (a), (b), and
(c) apply regardless of whether the firearm or firearm precursor
part is misused or is intended to be misused in a criminal or
unlawful manner.
(f) Subsections (a), (b), and (c) do not apply to the sale of
an assault weapon, .50 caliber rifle, unserialized firearm, or
firearm precursor part to, or the purchase, transportation,
importation, sale or other transfer, or manufacture of an assault
weapon, .50 caliber rifle, unserialized firearm, or firearm
precursor part by, any law enforcement agency or public entity that
employs peace officers, or any authorized law enforcement
representative thereof, if that agency, entity, or representative
is not prohibited by law from possessing an assault weapon, .50
caliber rifle, unserialized firearm, or firearm precursor part,
including the Texas Department of Criminal Justice, a police
department or sheriff's or marshal's office, the Department of
Public Safety, a district attorney's office, the Parks and Wildlife
Department, the military or naval forces of this state or of the
United States, a law enforcement or military agency of another
state, any federal law enforcement agency, or any foreign
government or agency approved by the United States Department of
State, for use in the discharge of the official duties of those
entities.
(g) Subsections (a) and (b) do not apply to a person who is
the executor or administrator of an estate that includes an assault
weapon or a .50 caliber rifle that is disposed of as authorized by
the probate court.
Sec. 769.003. SERVICING OR REPAIR OF CERTAIN FIREARMS AND
PRECURSOR PARTS; TRANSPORTATION; RELINQUISHMENT.
(a) Notwithstanding Section 769.002, a firearms dealer may take
possession of any assault weapon or .50 caliber rifle from any
person who may legally possess the assault weapon or rifle, or of
any firearm precursor part, for the purpose of servicing or repair.
(b) Notwithstanding Section 769.002, a firearms dealer may
transfer possession of any assault weapon, .50 caliber rifle, or
firearm precursor part received under Subsection (a) to a gunsmith
for the purpose of servicing or repair. A transfer is permissible
only to the following persons:
(1) a gunsmith employed by the dealer; or
(2) a gunsmith with whom the dealer has contracted for
gunsmithing services.
(c) Subsection (b)(2) applies only if the gunsmith
receiving the assault weapon, .50 caliber rifle, or firearm
precursor part meets both of the following qualifications:
(1) the gunsmith holds a dealer license issued under
18 U.S.C. Chapter 44 and the regulations issued under that chapter;
and
(2) the gunsmith holds any business license required
by a state or local governmental entity.
(d) A firearms dealer who lawfully possesses an assault
weapon, .50 caliber rifle, or firearm precursor part in accordance
with this section may:
(1) transport the firearm or firearm precursor part
between dealers or out of this state if that person is permitted
under the National Firearms Act; or
(2) sell the firearm or firearm precursor part to a
resident outside this state.
(e) A firearm or firearm precursor part that is transported
under this section or Section 769.002 must be:
(1) transported in a motor vehicle while:
(A) locked in the vehicle's trunk; or
(B) in a locked container in the vehicle that:
(i) is secure and fully enclosed and locked
by a padlock, keylock, combination lock, or similar device; and
(ii) is not a utility or glove compartment
of the vehicle; and
(2) carried directly to or from the motor vehicle in
the locked container described by Subdivision (1)(B).
(f) Notwithstanding Section 769.002, and provided that the
firearm or firearm precursor part is transported in compliance with
Subsection (e), an individual may:
(1) arrange in advance to relinquish an assault
weapon, .50 caliber rifle, unserialized firearm, or firearm
precursor part to a police or sheriff's department;
(2) sell, deliver, or transfer an assault weapon, .50
caliber rifle, unserialized firearm, or firearm precursor part to
an authorized representative of a municipality, municipality and
county, county, or state government, or of the federal government,
provided that the entity is acquiring the weapon as part of an
authorized, voluntary program in which the entity is buying or
receiving weapons from private individuals; or
(3) transfer, relinquish, or dispose of a firearm or
firearm precursor part.
Sec. 769.004. LIMITATIONS ON PUBLIC ENFORCEMENT.
(a) Notwithstanding any other law, the requirements of this
chapter shall be enforced exclusively through the private civil
actions described by Section 769.005. Enforcement of this chapter
may not be taken or threatened by this state, a political
subdivision of this state, a district, county, or municipal
attorney, or an executive or administrative officer or employee of
this state or a political subdivision of this state against any
person, except as provided by Section 769.005.
(b) The fact that conduct violates this chapter is not an
independent basis for enforcement of any other law of this state, or
the denial, revocation, suspension, or withholding of any right or
privilege conferred by the law of this state or a political
subdivision of this state, or a threat to do the same, by this
state, a political subdivision of this state, a district, county,
or municipal attorney, or an executive or administrative officer or
employee of this state or a political subdivision of this state, or
a board, commission, or similar body assigned authority to do so
under law, against any person, except as provided by Section
769.005. A civil action predicated on a violation of this chapter
may not be brought by this state, a political subdivision of this
state, a district, county, or municipal attorney, or an executive
or administrative officer or employee of this state or a political
subdivision of this state. For avoidance of doubt, the rights and
privileges described by this section include any business licenses
and permits issued under a law of this state. This subsection may
not be construed to prevent or limit enforcement of any other law
regulating conduct that also violates this chapter.
(c) Subsections (a) and (b) may not be construed to:
(1) legalize the conduct prohibited by this chapter;
(2) limit or affect the availability of a remedy
established by Section 769.005; or
(3) limit the enforceability of any other laws that
regulate or prohibit any conduct relating to firearms or firearm
precursor parts.
Sec. 769.005. CIVIL LIABILITY FOR VIOLATION OR AIDING AND
ABETTING VIOLATION. (a) Any person, other than an officer or
employee of this state or political subdivision of this state, may
bring a civil action against any person who:
(1) knowingly violates Section 769.002;
(2) knowingly engages in conduct that aids or abets
another person in violating Section 769.002, regardless of whether
the person knew or should have known that the person aided or
abetted would be violating Section 769.002; or
(3) knowingly commits an act with the intent to engage
in the conduct described by Subdivision (1) or (2).
(b) If a claimant prevails in an action brought under this
section, the court shall award:
(1) injunctive relief sufficient to prevent the
defendant from violating this chapter or engaging in acts that aid
or abet a violation of this chapter;
(2) statutory damages in an amount of not less than
$10,000 for each weapon or firearm precursor part as to which the
defendant violated Section 769.002, and for each weapon or firearm
precursor part as to which the defendant aided or abetted a
violation of Section 769.002; and
(3) attorney's fees and costs.
(c) Notwithstanding Subsection (b), a court may not award
relief under this section in response to conduct described by
Subsection (a) if the defendant demonstrates that the defendant
previously paid the full amount of any monetary award under
Subsection (b)(2) in a previous action for each firearm or firearm
precursor part as to which the defendant violated, or aided or
abetted a violation of, Section 769.002 or committed an act with the
intent to violate or aid or abet a violation of that section.
(d) Notwithstanding any other law, a cause of action under
this section is extinguished unless the action is brought not later
than the fourth anniversary of the day the cause of action accrues.
(e) An act or omission in violation of Section 769.002 shall
be considered an injury in fact to all residents of, and visitors
to, this state, and any such person shall have standing to bring an
action under this section. Damages under Subsection (b)(2) may not
be considered exemplary damages for purposes of Chapter 41, Civil
Practice and Remedies Code.
(f) Notwithstanding any other law, none of the following is
a defense to an action brought under this section:
(1) a defendant's ignorance or mistake of law;
(2) a defendant's belief that the requirements of this
chapter are unconstitutional or were unconstitutional;
(3) a defendant's reliance on any court decision that
has been overruled on appeal or by a subsequent court, even if that
court decision had not been overruled when the defendant engaged in
conduct that violates this chapter;
(4) a defendant's reliance on any state or federal
court decision that is not binding on the court in which the action
has been brought;
(5) a nonmutual issue preclusion or nonmutual claim
preclusion;
(6) any claim that the enforcement of this chapter or
the imposition of civil liability against the defendant will
violate a constitutional right of a third party;
(7) a defendant's assertion that this chapter
proscribes conduct that is separately prohibited by the Penal Code
or any other law of this state, or that this chapter proscribes
conduct beyond that which is already prohibited by the Penal Code or
any other law of this state; or
(8) any claim that the firearm or firearm precursor
part at issue was not misused, or was not intended to be misused, in
a criminal or unlawful manner.
(g) The following are affirmative defenses to an action
brought under this section:
(1) a person sued under Subsection (a)(2) reasonably
believed, after conducting a reasonable investigation, that the
person aided or abetted was complying with this chapter; and
(2) a person sued under Subsection (a)(3) reasonably
believed, after conducting a reasonable investigation, that the
person was complying with this chapter or was aiding or abetting
another who was complying with this chapter.
(h) The defendant in an action under this section has the
burden of proving an affirmative defense under Subsection (g) by a
preponderance of the evidence.
(i) This section may not be construed to impose liability on
any speech or conduct protected by the First Amendment to the United
States Constitution, as made applicable to the states through the
United States Supreme Court's interpretation of the Fourteenth
Amendment to the United States Constitution, or by Section 8,
Article I, Texas Constitution.
(j) Notwithstanding any other law, this state, a state
official, or a district, county, or municipal attorney may not
intervene in an action brought under this section. However, this
subsection does not prohibit a person described by this subsection
from filing an amicus curiae brief in the action.
(k) Notwithstanding any other law, a court may not award
attorney's fees or costs to a defendant in an action brought under
this section.
(l) An action may not be brought under this section against
a federal government, state, or political subdivision, or an
employee of a federal government, state, or political subdivision
on the basis of acts or omissions in the course of discharge of
official duties.
Sec. 769.006. STANDING TO ASSERT CERTAIN DEFENSES. (a) A
defendant against whom an action is brought under Section 769.005
does not have standing to assert the right of another individual to
keep and bear arms under the Second Amendment to the United States
Constitution as a defense to liability under that section unless:
(1) the United States Supreme Court holds that the
courts of this state must confer standing on that defendant to
assert the third-party rights of other individuals in state court
as a matter of federal constitutional law; or
(2) the defendant has standing to assert the rights of
other individuals under the tests for third-party standing
established by the United States Supreme Court.
(b) A defendant in an action brought under Section 769.005
may assert an affirmative defense to liability under this section
if the defendant:
(1) has standing to assert the third-party right of an
individual to keep and bear arms in accordance with Subsection (a);
and
(2) demonstrates that the relief sought by the
claimant will violate the third party's rights under the Second
Amendment to the United States Constitution as defined by clearly
established case law of the United States Supreme Court.
(c) This section may not be construed to limit or preclude a
defendant from asserting the defendant's personal constitutional
rights as a defense to liability under Section 769.005. A court may
not award relief under Section 769.005 if the conduct for which the
defendant has been sued was an exercise of a state or federal
constitutional right that personally belongs to the defendant.
Sec. 769.007. CONSTRUCTION OF CHAPTER. This chapter may
not be construed to:
(1) authorize the initiation of an action under this
chapter against a person purchasing, obtaining, or attempting to
purchase or obtain an assault weapon, .50 caliber rifle,
unserialized firearm, or firearm precursor part from a person
acting in violation of this chapter;
(2) wholly or partly repeal, either expressly or by
implication, any other statute that regulates or prohibits any
conduct relating to firearms or firearm precursor parts; or
(3) restrict a political subdivision from regulating
or prohibiting conduct relating to assault weapons, .50 caliber
rifles, unserialized firearms, or firearm precursor parts in a
manner that is at least as stringent as the laws of this state.
Sec. 769.008. VENUE. (a) Notwithstanding any other law,
an action brought under Section 769.005 shall be brought in:
(1) the county in which all or a substantial part of
the events or omissions giving rise to the claim occurred;
(2) the county of residence of any natural person
defendant at the time the cause of action accrued;
(3) the county of the principal office in this state of
any defendant that is not a natural person; or
(4) the county of residence for the claimant if the
claimant is a natural person residing in this state.
(b) Notwithstanding any other law, if an action is brought
under Section 769.005 in one of the venues described by Subsection
(a), the action may not be transferred to a different venue without
the written consent of all parties.
Sec. 769.009. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
IMMUNITY PRESERVED. (a) Notwithstanding any other law, this state
has sovereign immunity, a political subdivision has governmental
immunity, and each officer and employee of this state or a political
subdivision of this state has official immunity in any action,
claim, or counterclaim or any type of legal or equitable action that
challenges the validity of any provision or application of this
chapter, on constitutional grounds or otherwise.
(b) A provision of state law may not be construed to waive or
abrogate an immunity described by Subsection (a) unless the
provision expressly waives immunity under this section.
Sec. 769.010. SEVERABILITY. (a) It is the intent of the
legislature that every provision, section, subdivision, sentence,
clause, phrase, and word in this chapter, and every application of
the provisions of this chapter, are severable from each other.
(b) If any application of any provision in this chapter to
any person, group of persons, or circumstances is found by a court
to be invalid or unconstitutional, the remaining applications of
that provision to all other persons and circumstances shall be
severed and may not be affected. All constitutionally valid
applications of this chapter shall be severed from any applications
that a court finds to be invalid, leaving the valid applications in
force, because it is the legislature's intent and priority that the
valid applications be allowed to stand alone. Even if a reviewing
court finds a provision of this chapter to impose an
unconstitutional burden in a large or substantial fraction of
relevant cases, the applications that do not present an
unconstitutional burden shall be severed from the remaining
applications and shall remain in force, and shall be treated as if
the legislature had enacted a statute limited to the persons, group
of persons, or circumstances for which the statute's application
does not present an unconstitutional burden. If any court declares
or finds a provision of this chapter facially unconstitutional,
when discrete applications of that provision can be enforced
against a person, group of persons, or circumstances without
violating the United States Constitution and the Texas
Constitution, those applications shall be severed from all
remaining applications of the provision, and the provision shall be
interpreted as if the legislature had enacted a provision limited
to the persons, group of persons, or circumstances for which the
provision's application will not violate the United States
Constitution and the Texas Constitution.
(c) The legislature further declares that it would have
enacted this chapter, and each provision, section, subdivision,
sentence, clause, phrase, and word, and all constitutional
applications of this chapter, irrespective of the fact that any
provision, section, subdivision, sentence, clause, phrase, or
word, or application of this chapter, were to be declared
unconstitutional or to represent an unconstitutional burden.
(d) If any provision of this chapter is found by any court to
be unconstitutionally vague, then the applications of that
provision that do not present constitutional vagueness problems
shall be severed and remain in force.
(e) A court may not decline to enforce the severability
requirements of this section on the ground that severance would
rewrite the statute or involve the court in legislative or
lawmaking activity. A court that declines to enforce or enjoins a
state official from enforcing a statutory provision of this chapter
does not rewrite a statute, as the statute continues to contain the
same words as before the court's decision. A judicial injunction or
declaration of unconstitutionality of a provision of this chapter:
(1) is nothing more than an edict prohibiting
enforcement that may subsequently be vacated by a later court if
that court has a different understanding of the requirements of the
Texas Constitution or the United States Constitution;
(2) is not a formal amendment of the language in a
statute; and
(3) does not rewrite a statute any more than a decision
by the executive not to enforce a duly enacted statute in a limited
and defined set of circumstances.
Sec. 769.011. OPERATION OF CHAPTER. This chapter becomes
inoperative on invalidation of Subchapter H, Chapter 171, Health
and Safety Code, in its entirety by a final decision of the United
States Supreme Court or Texas Supreme Court.
SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
amended by adding Section 30.023 to read as follows:
Sec. 30.023. AWARD OF ATTORNEY'S FEES IN ACTIONS
CHALLENGING FIREARMS LAW. (a) Notwithstanding any other law, any
person, including an entity, attorney, or law firm, that seeks
declaratory or injunctive relief to prevent this state, a political
subdivision of this state, a governmental entity or public official
in this state, or a person in this state from enforcing any statute,
ordinance, rule, regulation, or other type of law that regulates or
restricts firearms, or that represents any litigant seeking that
relief, is jointly and severally liable to pay the attorney's fees
and costs of the prevailing party.
(b) For purposes of this section, a party is considered a
prevailing party if a court:
(1) dismisses any claim or cause of action brought by
the party seeking the declaratory or injunctive relief described by
Subsection (a), regardless of the reason for the dismissal; or
(2) enters judgment in favor of the party opposing the
declaratory or injunctive relief described by Subsection (a), on
any claim or cause of action.
(c) Regardless of whether a prevailing party sought to
recover attorney's fees or costs in the underlying action, a
prevailing party under this section may bring a civil action to
recover attorney's fees and costs against a person, including an
entity, attorney, or law firm, that sought declaratory or
injunctive relief described by Subsection (a) not later than the
third anniversary of the date on which, as applicable:
(1) the dismissal or judgment described by Subsection
(b) becomes final on the conclusion of appellate review; or
(2) the time for seeking appellate review expires.
(d) None of the following is a defense to an action brought
under Subsection (c):
(1) a prevailing party under this section failed to
seek recovery of attorney's fees or costs in the underlying action;
(2) the court in the underlying action declined to
recognize or enforce the requirements of this section; or
(3) the court in the underlying action held that any
provision of this section is invalid, unconstitutional, or
preempted by federal law, notwithstanding the doctrines of issue or
claim preclusion.
(e) Any person, including an entity, attorney, or law firm,
that seeks declaratory or injunctive relief as described by
Subsection (a) may not be considered a prevailing party under this
section or any other provision of this chapter.
SECTION 4. Subchapter C, Chapter 311, Government Code, is
amended by adding Section 311.037 to read as follows:
Sec. 311.037. CONSTRUCTION OF FIREARMS STATUTES. (a) A
statute that regulates or prohibits firearms may not be construed
to repeal any other statute that regulates or prohibits firearms,
either wholly or partly, unless the later-enacted statute
explicitly states that it is repealing the other statute.
(b) A statute may not be construed to restrict a political
subdivision from regulating or prohibiting firearms in a manner
that is at least as stringent as the laws of this state, unless the
statute explicitly states that political subdivisions are
prohibited from regulating or prohibiting firearms in the manner
described by the statute.
(c) Every statute that regulates or prohibits firearms is
severable in each of its applications to every person and
circumstance. If any statute that regulates or prohibits firearms
is found by any court to be unconstitutional, either on its face or
as applied, then all applications of that statute that do not
violate the United States Constitution and Texas Constitution shall
be severed from the unconstitutional applications and shall remain
enforceable, notwithstanding any other law, and the statute shall
be interpreted as if containing language limiting the statute's
application to the persons, group of persons, or circumstances for
which the statute's application will not violate the United States
Constitution and Texas Constitution.
SECTION 5. This Act takes effect September 1, 2023.