Texas 2025 - 89th Regular

Texas House Bill HB2241 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11474 SCL-F
2	2	By: Dutton H.B. No. 2241
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to firearms; authorizing a private civil right of action.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. (a) The legislature finds and declares that the
12	12	proliferation of assault weapons, .50 caliber rifles, and
13	13	unserialized firearms poses a threat to the health, safety, and
14	14	security of all residents of, and visitors to, this state. All
15	15	Texans are directly harmed by the proliferation of these weapons,
16	16	and this state has a compelling interest in protecting its citizens
17	17	from gun violence and from intimidation by persons brandishing
18	18	these weapons. Further, this state has a compelling interest in
19	19	enabling law enforcement authorities to trace firearms used,
20	20	manufactured, distributed, or transported unlawfully.
21	21	(b) The legislature further finds and declares that the
22	22	proliferation of firearms to and among young people poses a threat
23	23	to the health, safety, and security of all residents of, and
24	24	visitors to, this state. Firearms are especially dangerous in the
25	25	hands of young people because current research and scientific
26	26	evidence show that young people are more impulsive, more likely to
27	27	engage in risky and reckless behavior, unduly influenced by peer
28	28	pressure, motivated more by rewards than costs or negative
29	29	consequences, less likely to consider the future consequences of
30	30	their actions and decisions, and less able to control themselves in
31	31	emotionally arousing situations. In recognition of these facts, the
32	32	legislature has previously prohibited certain transfers of
33	33	firearms to a person under 18 years of age. This state has a
34	34	compelling interest in further restricting the proliferation of
35	35	firearms among those under 21 years of age.
36	36	(c) The legislature finds restricting assault weapons is
37	37	necessary based on a finding that each assault weapon has such a
38	38	high rate of fire and capacity for firepower that the weapon's
39	39	function as a legitimate sports or recreational firearm is
40	40	substantially outweighed by the danger that the weapon can be used
41	41	to kill and injure human beings. The legislature also finds
42	42	restricting .50 caliber rifles is necessary based on a finding that
43	43	the weapons pose a clear and present threat to the health, safety,
44	44	and security of all residents of, and visitors to, this state
45	45	because those firearms have such a high capacity for long-distance
46	46	and highly destructive firepower that they pose an unacceptable
47	47	risk of death and serious injury of human beings, and destruction or
48	48	serious damage of vital public and private buildings, civilian,
49	49	police, and military vehicles, power generation and transmission
50	50	facilities, petrochemical production and storage facilities, and
51	51	transportation infrastructure. The legislature further finds and
52	52	declares that the manufacture, distribution, transport,
53	53	importation, and sale of unserialized firearms pose a threat to the
54	54	health, safety, and security of all residents of, and visitors to,
55	55	this state and impede law enforcement activities, and that the
56	56	manufacture, distribution, transport, importation, and sale of
57	57	firearm precursor parts and kits are contributing to the
58	58	proliferation of unserialized firearms in this state.
59	59	(d) It is the intent of the legislature in enacting this Act
60	60	to further restrict in this state the manufacture, distribution,
61	61	transportation, importation, sale, loan, and transfer of assault
62	62	weapons, .50 caliber rifles, and unserialized firearms and further
63	63	restrict the proliferation of firearms to and among those under 21
64	64	years of age by creating new civil law prohibitions and a civil
65	65	enforcement mechanism, independent of existing law. This Act may
66	66	not be construed to limit in any way the enforceability of existing
67	67	laws concerning firearms, including Chapter 46, Penal Code.
68	68	(e) The legislature has defined "assault weapon" to include
69	69	the types, series, and models listed in the definition of that term
70	70	because it is the most effective way to identify and restrict a
71	71	specific class of semiautomatic weapons. The legislature finds a
72	72	significant public purpose in exempting from the definition of
73	73	"assault weapon" pistols that are designed expressly for use in
74	74	Olympic target shooting events. Therefore, those pistols that are
75	75	sanctioned by the International Olympic Committee and by USA
76	76	Shooting, the national governing body for international shooting
77	77	competition in the United States, and that were used for Olympic
78	78	target shooting purposes as of January 1, 2001, and that would
79	79	otherwise fall within the definition of "assault weapon" under this
80	80	Act, are exempt as provided by this Act.
81	81	SECTION 2. Subtitle A, Title 9, Health and Safety Code, is
82	82	amended by adding Chapter 770 to read as follows:
83	83	CHAPTER 770. MANUFACTURE, DISTRIBUTION, TRANSPORTATION,
84	84	IMPORTATION, SALE, LOAN, OR TRANSFER OF FIREARMS AND PRECURSOR
85	85	PARTS
86	86	Sec. 770.001. DEFINITIONS. In this chapter:
87	87	(1) ".50 caliber rifle" means a centerfire rifle that
88	88	can fire a .50 caliber cartridge and is not already an assault
89	89	weapon or a machine gun. The term does not include an antique
90	90	firearm, curio, or relic, as defined by 27 C.F.R. Section 478.11.
91	91	(2) "Assault weapon":
92	92	(A) includes:
93	93	(i) all of the following specified rifles:
94	94	(a) all AK series, including the
95	95	models identified as:
96	96	(1) made in China AK, AKM, AKS,
97	97	AK47, AK47S, 56, 56S, 84S, and 86S;
98	98	(2) Norinco 56, 56S, 84S, and
99	99	86S;
100	100	(3) Poly Technologies AKS and
101	101	AK47; and
102	102	(4) MAADI AK47 and ARM;
103	103	(b) UZI and Galil;
104	104	(c) Beretta AR-70;
105	105	(d) CETME Sporter;
106	106	(e) Colt AR-15 series;
107	107	(f) Daewoo K-1, K-2, Max 1, Max 2, AR
108	108	100, and AR 110C;
109	109	(g) Fabrique Nationale FAL, LAR, FNC,
110	110	308 Match, and Sporter;
111	111	(h) MAS 223;
112	112	(i) HK-91, HK-93, HK-94, and
113	113	HK-PSG-1;
114	114	(j) the following MAC types:
115	115	(1) RPB Industries Incorporated
116	116	sM10 and sM11; and
117	117	(2) SWD Incorporated M11;
118	118	(k) SKS with detachable magazine;
119	119	(l) SIG AMT, PE-57, SG 550, and SG
120	120	551;
121	121	(m) Springfield Armory BM59 and
122	122	SAR-48;
123	123	(n) Sterling MK-6;
124	124	(o) Steyer AUG;
125	125	(p) Valmet M62S, M71S, and M78S;
126	126	(q) Armalite AR-180;
127	127	(r) Bushmaster Assault Rifle;
128	128	(s) Calico M-900;
129	129	(t) J&R ENG M-68; and
130	130	(u) Weaver Arms Nighthawk;
131	131	(ii) all of the following specified
132	132	pistols:
133	133	(a) UZI;
134	134	(b) Encom MP-9 and MP-45; and
135	135	(c) the following MAC types:
136	136	(1) RPB Industries Incorporated
137	137	sM10 and sM11;
138	138	(2) SWD Incorporated M-11;
139	139	(3) Advance Armament
140	140	Incorporated M-11;
141	141	(4) Military Armament
142	142	Corporation Ingram M-11;
143	143	(5) Intratec TEC-9;
144	144	(6) Sites Spectre;
145	145	(7) Sterling MK-7;
146	146	(8) Calico M-950; and
147	147	(9) Bushmaster Pistol;
148	148	(iii) all of the following specified
149	149	shotguns:
150	150	(a) Franchi SPAS 12 and LAW 12;
151	151	(b) Striker 12; and
152	152	(c) the Streetsweeper type S/S
153	153	Incorporated SS/12;
154	154	(iv) any firearm declared to be an assault
155	155	weapon by a court;
156	156	(v) a semiautomatic centerfire rifle that
157	157	does not have a fixed magazine but has any one of the following:
158	158	(a) a pistol grip that protrudes
159	159	conspicuously beneath the action of the weapon;
160	160	(b) a thumbhole stock;
161	161	(c) a folding or telescoping stock;
162	162	(d) a grenade launcher or flare
163	163	launcher;
164	164	(e) a flash suppressor; or
165	165	(f) a forward pistol grip;
166	166	(vi) a semiautomatic centerfire rifle that
167	167	has a fixed magazine with the capacity to accept more than 10
168	168	rounds;
169	169	(vii) a semiautomatic centerfire rifle that
170	170	has an overall length of less than 30 inches;
171	171	(viii) a semiautomatic pistol that does not
172	172	have a fixed magazine but has any one of the following:
173	173	(a) a threaded barrel, capable of
174	174	accepting a flash suppressor, forward handgrip, or silencer;
175	175	(b) a second handgrip;
176	176	(c) a shroud that is attached to, or
177	177	partially or completely encircles, the barrel that allows the
178	178	bearer to fire the weapon without burning the bearer's hand, except
179	179	a slide that encloses the barrel; or
180	180	(d) the capacity to accept a
181	181	detachable magazine at some location outside of the pistol grip;
182	182	(ix) a semiautomatic pistol with a fixed
183	183	magazine that has the capacity to accept more than 10 rounds;
184	184	(x) a semiautomatic shotgun that has both
185	185	of the following:
186	186	(a) a folding or telescoping stock;
187	187	and
188	188	(b) a pistol grip that protrudes
189	189	conspicuously beneath the action of the weapon, thumbhole stock, or
190	190	vertical handgrip;
191	191	(xi) a semiautomatic shotgun that does not
192	192	have a fixed magazine;
193	193	(xii) any shotgun with a revolving
194	194	cylinder;
195	195	(xiii) a semiautomatic centerfire firearm
196	196	that is not a rifle, pistol, or shotgun and does not have a fixed
197	197	magazine but has any one of the following:
198	198	(a) a pistol grip that protrudes
199	199	conspicuously beneath the action of the weapon;
200	200	(b) a thumbhole stock;
201	201	(c) a folding or telescoping stock;
202	202	(d) a grenade launcher or flare
203	203	launcher;
204	204	(e) a flash suppressor;
205	205	(f) a forward pistol grip;
206	206	(g) a threaded barrel, capable of
207	207	accepting a flash suppressor, forward handgrip, or silencer;
208	208	(h) a second handgrip;
209	209	(i) a shroud that is attached to, or
210	210	partially or completely encircles, the barrel that allows the
211	211	bearer to fire the weapon without burning the bearer's hand, except
212	212	a slide that encloses the barrel; or
213	213	(j) the capacity to accept a
214	214	detachable magazine at some location outside of the pistol grip;
215	215	(xiv) a semiautomatic centerfire firearm
216	216	that is not a rifle, pistol, or shotgun and has a fixed magazine
217	217	with the capacity to accept more than 10 rounds; and
218	218	(xv) a semiautomatic centerfire firearm
219	219	that is not a rifle, pistol, or shotgun and has an overall length of
220	220	less than 30 inches; and
221	221	(B) does not include:
222	222	(i) any antique firearm; or
223	223	(ii) any of the following pistols that are
224	224	sanctioned by the International Olympic Committee and by USA
225	225	Shooting, the national governing body for international shooting
226	226	competition in the United States, and that were used for Olympic
227	227	target shooting purposes as of January 1, 2001:
228	228	(a) a Benelli MP90 .22 caliber long
229	229	rifle;
230	230	(b) a Benelli MP90 .32 caliber Smith &
231	231	Wesson long;
232	232	(c) a Benelli MP95 .22 caliber long
233	233	rifle;
234	234	(d) a Benelli MP95 .32 caliber Smith &
235	235	Wesson long;
236	236	(e) a Hammerli 280 .22 caliber long
237	237	rifle;
238	238	(f) a Hammerli 280 .32 caliber Smith &
239	239	Wesson long;
240	240	(g) a Hammerli SP20 .22 caliber long
241	241	rifle;
242	242	(h) a Hammerli SP20 .32 caliber Smith &
243	243	Wesson long;
244	244	(i) a Pardini GPO .22 caliber short;
245	245	(j) a Pardini GPO-Schumann .22
246	246	caliber short;
247	247	(k) a Pardini HP .32 caliber Smith &
248	248	Wesson long;
249	249	(l) a Pardini MP .32 caliber Smith &
250	250	Wesson long;
251	251	(m) a Pardini SP .22 caliber long
252	252	rifle;
253	253	(n) a Pardini SPE .22 caliber long
254	254	rifle;
255	255	(o) a Walther GSP .22 caliber long
256	256	rifle;
257	257	(p) a Walther GSP .32 caliber Smith &
258	258	Wesson long;
259	259	(q) a Walther OSP .22 caliber short;
260	260	or
261	261	(r) a Walther OSP-2000 .22 caliber
262	262	short.
263	263	(3) "Federally regulated firearm precursor part"
264	264	means any firearm precursor part considered to be a firearm under 18
265	265	U.S.C. Chapter 44 and regulations issued under that chapter, and
266	266	that has been imprinted with a serial number by a federal licensee
267	267	authorized to serialize firearms in compliance with all applicable
268	268	federal laws and regulations.
269	269	(4) "Firearm" means a device, designed to be used as a
270	270	weapon, from which a projectile is expelled through a barrel by the
271	271	force of an explosion or other form of combustion.
272	272	(5) "Firearm precursor part" means any forging,
273	273	casting, printing, extrusion, machined body, or similar article
274	274	that has reached a stage in manufacture where the article may
275	275	readily be completed, assembled, or converted to be used as the
276	276	frame or receiver of a functional firearm, or that is marketed or
277	277	sold to the public to become or be used as the frame or receiver of a
278	278	functional firearm once completed, assembled, or converted. The
279	279	term does not include firearm parts that can only be used on antique
280	280	firearms.
281	281	(6) "Fixed magazine" means an ammunition feeding
282	282	device contained in, or permanently attached to, a firearm in such a
283	283	manner that the device cannot be removed without disassembly of the
284	284	firearm action.
285	285	(7) "Series" includes all other models that are only
286	286	variations, with minor differences, of those models listed in
287	287	Subdivision (2)(A)(i) regardless of the manufacturer.
288	288	(8) "Unserialized firearm" means a firearm that does
289	289	not have a serial number as required by law or has had its serial
290	290	number altered or obliterated.
291	291	Sec. 770.002. MANUFACTURE, DISTRIBUTION, TRANSPORTATION,
292	292	IMPORTATION, SALE, LOAN, OR TRANSFER OF CERTAIN FIREARMS AND
293	293	PRECURSOR PARTS. (a) Notwithstanding any other law and except as
294	294	provided by Subsections (f) and (g) and Section 770.003, a person
295	295	within this state may not manufacture or cause to be manufactured,
296	296	distribute, transport, or import into this state, or cause to be
297	297	distributed, transported, or imported into this state, keep for
298	298	sale, offer or expose for sale, or give or lend any assault weapon,
299	299	.50 caliber rifle, or unserialized firearm.
300	300	(b) Except by operation of law, a person may not purchase,
301	301	sell, offer to sell, or transfer ownership of any firearm precursor
302	302	part in this state that is not a federally regulated firearm
303	303	precursor part. This subsection does not apply to:
304	304	(1) the purchase of a firearm precursor part that is
305	305	not a federally regulated firearm precursor part by a federally
306	306	licensed firearms manufacturer or importer, or by a federal
307	307	licensee authorized to serialize firearms;
308	308	(2) the sale, offer to sell, or transfer of ownership
309	309	of a firearm precursor part that is not a federally regulated
310	310	firearm precursor part to a federally licensed firearms
311	311	manufacturer or importer, or to a federal licensee authorized to
312	312	serialize firearms; or
313	313	(3) a common carrier licensed under state law, or a
314	314	motor carrier, air carrier, or carrier affiliated with an air
315	315	carrier through common controlling interest that is subject to
316	316	Title 49, United States Code, or an authorized agent of any such
317	317	carrier, when acting in the course and scope of duties incident to
318	318	the receipt, processing, transportation, or delivery of property.
319	319	(c) A person may not sell, supply, deliver, or give
320	320	possession or control of a firearm to any person who is under 21
321	321	years of age. This subsection does not apply to or affect the sale,
322	322	supply, delivery, or giving of possession or control of a firearm
323	323	that:
324	324	(1) is not a handgun or a semiautomatic centerfire
325	325	rifle to a person 18 years of age or older who possesses a valid,
326	326	unexpired hunting license issued by the Parks and Wildlife
327	327	Department;
328	328	(2) is not a handgun, semiautomatic centerfire rifle,
329	329	completed frame or receiver, or firearm precursor part to a person
330	330	who is 18 years of age or older and provides proper identification
331	331	of being an honorably discharged member of the United States Armed
332	332	Forces, the National Guard, the Air National Guard, or the active
333	333	reserve components of the United States; or
334	334	(3) is not a handgun to a person who is 18 years of age
335	335	or older and:
336	336	(A) is an active peace officer, as described by
337	337	Article 2A.001, Code of Criminal Procedure, who is authorized to
338	338	carry a firearm in the course and scope of employment;
339	339	(B) is an active federal officer or law
340	340	enforcement agent who is authorized to carry a firearm in the course
341	341	and scope of employment;
342	342	(C) is a reserve peace officer who is authorized
343	343	to carry a firearm in the course and scope of employment as a
344	344	reserve peace officer; or
345	345	(D) provides proper identification of active
346	346	membership in the United States Armed Forces, the National Guard,
347	347	the Air National Guard, or the active reserve components of the
348	348	United States.
349	349	(d) For purposes of Subsection (c)(2), proper
350	350	identification includes a military identification card or other
351	351	written documentation certifying that the person is an honorably
352	352	discharged member.
353	353	(e) The prohibitions described by Subsections (a), (b), and
354	354	(c) apply regardless of whether the firearm or firearm precursor
355	355	part is misused or is intended to be misused in a criminal or
356	356	unlawful manner.
357	357	(f) Subsections (a), (b), and (c) do not apply to the sale of
358	358	an assault weapon, .50 caliber rifle, unserialized firearm, or
359	359	firearm precursor part to, or the purchase, transportation,
360	360	importation, sale or other transfer, or manufacture of an assault
361	361	weapon, .50 caliber rifle, unserialized firearm, or firearm
362	362	precursor part by, any law enforcement agency or public entity that
363	363	employs peace officers, or any authorized law enforcement
364	364	representative thereof, if that agency, entity, or representative
365	365	is not prohibited by law from possessing an assault weapon, .50
366	366	caliber rifle, unserialized firearm, or firearm precursor part,
367	367	including the Texas Department of Criminal Justice, a police
368	368	department or sheriff's or marshal's office, the Department of
369	369	Public Safety, a district attorney's office, the Parks and Wildlife
370	370	Department, the military or naval forces of this state or of the
371	371	United States, a law enforcement or military agency of another
372	372	state, any federal law enforcement agency, or any foreign
373	373	government or agency approved by the United States Department of
374	374	State, for use in the discharge of the official duties of those
375	375	entities.
376	376	(g) Subsections (a) and (b) do not apply to a person who is
377	377	the executor or administrator of an estate that includes an assault
378	378	weapon or a .50 caliber rifle that is disposed of as authorized by
379	379	the probate court.
380	380	Sec. 770.003. SERVICING OR REPAIR OF CERTAIN FIREARMS AND
381	381	PRECURSOR PARTS; TRANSPORTATION; RELINQUISHMENT. (a)
382	382	Notwithstanding Section 770.002, a firearms dealer may take
383	383	possession of any assault weapon or .50 caliber rifle from any
384	384	person who may legally possess the assault weapon or rifle, or of
385	385	any firearm precursor part, for the purpose of servicing or repair.
386	386	(b) Notwithstanding Section 770.002, a firearms dealer may
387	387	transfer possession of any assault weapon, .50 caliber rifle, or
388	388	firearm precursor part received under Subsection (a) to a gunsmith
389	389	for the purpose of servicing or repair. A transfer is permissible
390	390	only to the following persons:
391	391	(1) a gunsmith employed by the dealer; or
392	392	(2) a gunsmith with whom the dealer has contracted for
393	393	gunsmithing services.
394	394	(c) Subsection (b)(2) applies only if the gunsmith
395	395	receiving the assault weapon, .50 caliber rifle, or firearm
396	396	precursor part meets both of the following qualifications:
397	397	(1) the gunsmith holds a dealer license issued under
398	398	18 U.S.C. Chapter 44 and the regulations issued under that chapter;
399	399	and
400	400	(2) the gunsmith holds any business license required
401	401	by a state or local governmental entity.
402	402	(d) A firearms dealer who lawfully possesses an assault
403	403	weapon, .50 caliber rifle, or firearm precursor part in accordance
404	404	with this section may:
405	405	(1) transport the firearm or firearm precursor part
406	406	between dealers or out of this state if that person is permitted
407	407	under the National Firearms Act; or
408	408	(2) sell the firearm or firearm precursor part to a
409	409	resident outside this state.
410	410	(e) A firearm or firearm precursor part that is transported
411	411	under this section or Section 770.002 must be:
412	412	(1) transported in a motor vehicle while:
413	413	(A) locked in the vehicle's trunk; or
414	414	(B) in a locked container in the vehicle that:
415	415	(i) is secure and fully enclosed and locked
416	416	by a padlock, keylock, combination lock, or similar device; and
417	417	(ii) is not a utility or glove compartment
418	418	of the vehicle; and
419	419	(2) carried directly to or from the motor vehicle in
420	420	the locked container described by Subdivision (1)(B).
421	421	(f) Notwithstanding Section 770.002, and provided that the
422	422	firearm or firearm precursor part is transported in compliance with
423	423	Subsection (e), an individual may:
424	424	(1) arrange in advance to relinquish an assault
425	425	weapon, .50 caliber rifle, unserialized firearm, or firearm
426	426	precursor part to a police or sheriff's department;
427	427	(2) sell, deliver, or transfer an assault weapon, .50
428	428	caliber rifle, unserialized firearm, or firearm precursor part to
429	429	an authorized representative of a municipality, municipality and
430	430	county, county, or state government, or of the federal government,
431	431	provided that the entity is acquiring the weapon as part of an
432	432	authorized, voluntary program in which the entity is buying or
433	433	receiving weapons from private individuals; or
434	434	(3) transfer, relinquish, or dispose of a firearm or
435	435	firearm precursor part.
436	436	Sec. 770.004. LIMITATIONS ON PUBLIC ENFORCEMENT. (a)
437	437	Notwithstanding any other law, the requirements of this chapter
438	438	shall be enforced exclusively through the private civil actions
439	439	described by Section 770.005. Enforcement of this chapter may not
440	440	be taken or threatened by this state, a political subdivision of
441	441	this state, a district, county, or municipal attorney, or an
442	442	executive or administrative officer or employee of this state or a
443	443	political subdivision of this state against any person, except as
444	444	provided by Section 770.005.
445	445	(b) The fact that conduct violates this chapter is not an
446	446	independent basis for enforcement of any other law of this state, or
447	447	the denial, revocation, suspension, or withholding of any right or
448	448	privilege conferred by the law of this state or a political
449	449	subdivision of this state, or a threat to do the same, by this
450	450	state, a political subdivision of this state, a district, county,
451	451	or municipal attorney, or an executive or administrative officer or
452	452	employee of this state or a political subdivision of this state, or
453	453	a board, commission, or similar body assigned authority to do so
454	454	under law, against any person, except as provided by Section
455	455	770.005. A civil action predicated on a violation of this chapter
456	456	may not be brought by this state, a political subdivision of this
457	457	state, a district, county, or municipal attorney, or an executive
458	458	or administrative officer or employee of this state or a political
459	459	subdivision of this state. For avoidance of doubt, the rights and
460	460	privileges described by this section include any business licenses
461	461	and permits issued under a law of this state. This subsection may
462	462	not be construed to prevent or limit enforcement of any other law
463	463	regulating conduct that also violates this chapter.
464	464	(c) Subsections (a) and (b) may not be construed to:
465	465	(1) legalize the conduct prohibited by this chapter;
466	466	(2) limit or affect the availability of a remedy
467	467	established by Section 770.005; or
468	468	(3) limit the enforceability of any other laws that
469	469	regulate or prohibit any conduct relating to firearms or firearm
470	470	precursor parts.
471	471	Sec. 770.005. CIVIL LIABILITY FOR VIOLATION OR AIDING AND
472	472	ABETTING VIOLATION. (a) Any person, other than an officer or
473	473	employee of this state or political subdivision of this state, may
474	474	bring a civil action against any person who:
475	475	(1) knowingly violates Section 770.002;
476	476	(2) knowingly engages in conduct that aids or abets
477	477	another person in violating Section 770.002, regardless of whether
478	478	the person knew or should have known that the person aided or
479	479	abetted would be violating Section 770.002; or
480	480	(3) knowingly commits an act with the intent to engage
481	481	in the conduct described by Subdivision (1) or (2).
482	482	(b) If a claimant prevails in an action brought under this
483	483	section, the court shall award:
484	484	(1) injunctive relief sufficient to prevent the
485	485	defendant from violating this chapter or engaging in acts that aid
486	486	or abet a violation of this chapter;
487	487	(2) statutory damages in an amount of not less than
488	488	$10,000 for each weapon or firearm precursor part as to which the
489	489	defendant violated Section 770.002, and for each weapon or firearm
490	490	precursor part as to which the defendant aided or abetted a
491	491	violation of Section 770.002; and
492	492	(3) attorney's fees and costs.
493	493	(c) Notwithstanding Subsection (b), a court may not award
494	494	relief under this section in response to conduct described by
495	495	Subsection (a) if the defendant demonstrates that the defendant
496	496	previously paid the full amount of any monetary award under
497	497	Subsection (b)(2) in a previous action for each firearm or firearm
498	498	precursor part as to which the defendant violated, or aided or
499	499	abetted a violation of, Section 770.002 or committed an act with the
500	500	intent to violate or aid or abet a violation of that section.
501	501	(d) Notwithstanding any other law, a cause of action under
502	502	this section is extinguished unless the action is brought not later
503	503	than the fourth anniversary of the day the cause of action accrues.
504	504	(e) An act or omission in violation of Section 770.002 shall
505	505	be considered an injury in fact to all residents of, and visitors
506	506	to, this state, and any such person shall have standing to bring an
507	507	action under this section. Damages under Subsection (b)(2) may not
508	508	be considered exemplary damages for purposes of Chapter 41, Civil
509	509	Practice and Remedies Code.
510	510	(f) Notwithstanding any other law, none of the following is
511	511	a defense to an action brought under this section:
512	512	(1) a defendant's ignorance or mistake of law;
513	513	(2) a defendant's belief that the requirements of this
514	514	chapter are unconstitutional or were unconstitutional;
515	515	(3) a defendant's reliance on any court decision that
516	516	has been overruled on appeal or by a subsequent court, even if that
517	517	court decision had not been overruled when the defendant engaged in
518	518	conduct that violates this chapter;
519	519	(4) a defendant's reliance on any state or federal
520	520	court decision that is not binding on the court in which the action
521	521	has been brought;
522	522	(5) a nonmutual issue preclusion or nonmutual claim
523	523	preclusion;
524	524	(6) any claim that the enforcement of this chapter or
525	525	the imposition of civil liability against the defendant will
526	526	violate a constitutional right of a third party;
527	527	(7) a defendant's assertion that this chapter
528	528	proscribes conduct that is separately prohibited by the Penal Code
529	529	or any other law of this state, or that this chapter proscribes
530	530	conduct beyond that which is already prohibited by the Penal Code or
531	531	any other law of this state; or
532	532	(8) any claim that the firearm or firearm precursor
533	533	part at issue was not misused, or was not intended to be misused, in
534	534	a criminal or unlawful manner.
535	535	(g) The following are affirmative defenses to an action
536	536	brought under this section:
537	537	(1) a person sued under Subsection (a)(2) reasonably
538	538	believed, after conducting a reasonable investigation, that the
539	539	person aided or abetted was complying with this chapter; and
540	540	(2) a person sued under Subsection (a)(3) reasonably
541	541	believed, after conducting a reasonable investigation, that the
542	542	person was complying with this chapter or was aiding or abetting
543	543	another who was complying with this chapter.
544	544	(h) The defendant in an action under this section has the
545	545	burden of proving an affirmative defense under Subsection (g) by a
546	546	preponderance of the evidence.
547	547	(i) This section may not be construed to impose liability on
548	548	any speech or conduct protected by the First Amendment to the United
549	549	States Constitution, as made applicable to the states through the
550	550	United States Supreme Court's interpretation of the Fourteenth
551	551	Amendment to the United States Constitution, or by Section 8,
552	552	Article I, Texas Constitution.
553	553	(j) Notwithstanding any other law, this state, a state
554	554	official, or a district, county, or municipal attorney may not
555	555	intervene in an action brought under this section. However, this
556	556	subsection does not prohibit a person described by this subsection
557	557	from filing an amicus curiae brief in the action.
558	558	(k) Notwithstanding any other law, a court may not award
559	559	attorney's fees or costs to a defendant in an action brought under
560	560	this section.
561	561	(l) An action may not be brought under this section against
562	562	a federal government, state, or political subdivision, or an
563	563	employee of a federal government, state, or political subdivision
564	564	on the basis of acts or omissions in the course of discharge of
565	565	official duties.
566	566	Sec. 770.006. STANDING TO ASSERT CERTAIN DEFENSES. (a) A
567	567	defendant against whom an action is brought under Section 770.005
568	568	does not have standing to assert the right of another individual to
569	569	keep and bear arms under the Second Amendment to the United States
570	570	Constitution as a defense to liability under that section unless:
571	571	(1) the United States Supreme Court holds that the
572	572	courts of this state must confer standing on that defendant to
573	573	assert the third-party rights of other individuals in state court
574	574	as a matter of federal constitutional law; or
575	575	(2) the defendant has standing to assert the rights of
576	576	other individuals under the tests for third-party standing
577	577	established by the United States Supreme Court.
578	578	(b) A defendant in an action brought under Section 770.005
579	579	may assert an affirmative defense to liability under this section
580	580	if the defendant:
581	581	(1) has standing to assert the third-party right of an
582	582	individual to keep and bear arms in accordance with Subsection (a);
583	583	and
584	584	(2) demonstrates that the relief sought by the
585	585	claimant will violate the third party's rights under the Second
586	586	Amendment to the United States Constitution as defined by clearly
587	587	established case law of the United States Supreme Court.
588	588	(c) This section may not be construed to limit or preclude a
589	589	defendant from asserting the defendant's personal constitutional
590	590	rights as a defense to liability under Section 770.005. A court may
591	591	not award relief under Section 770.005 if the conduct for which the
592	592	defendant has been sued was an exercise of a state or federal
593	593	constitutional right that personally belongs to the defendant.
594	594	Sec. 770.007. CONSTRUCTION OF CHAPTER. This chapter may
595	595	not be construed to:
596	596	(1) authorize the initiation of an action under this
597	597	chapter against a person purchasing, obtaining, or attempting to
598	598	purchase or obtain an assault weapon, .50 caliber rifle,
599	599	unserialized firearm, or firearm precursor part from a person
600	600	acting in violation of this chapter;
601	601	(2) wholly or partly repeal, either expressly or by
602	602	implication, any other statute that regulates or prohibits any
603	603	conduct relating to firearms or firearm precursor parts; or
604	604	(3) restrict a political subdivision from regulating
605	605	or prohibiting conduct relating to assault weapons, .50 caliber
606	606	rifles, unserialized firearms, or firearm precursor parts in a
607	607	manner that is at least as stringent as the laws of this state.
608	608	Sec. 770.008. VENUE. (a) Notwithstanding any other law, an
609	609	action brought under Section 770.005 shall be brought in:
610	610	(1) the county in which all or a substantial part of
611	611	the events or omissions giving rise to the claim occurred;
612	612	(2) the county of residence of any natural person
613	613	defendant at the time the cause of action accrued;
614	614	(3) the county of the principal office in this state of
615	615	any defendant that is not a natural person; or
616	616	(4) the county of residence for the claimant if the
617	617	claimant is a natural person residing in this state.
618	618	(b) Notwithstanding any other law, if an action is brought
619	619	under Section 770.005 in one of the venues described by Subsection
620	620	(a), the action may not be transferred to a different venue without
621	621	the written consent of all parties.
622	622	Sec. 770.009. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
623	623	IMMUNITY PRESERVED. (a) Notwithstanding any other law, this state
624	624	has sovereign immunity, a political subdivision of this state has
625	625	governmental immunity, and each officer and employee of this state
626	626	or a political subdivision of this state has official immunity in
627	627	any action, claim, or counterclaim or any type of legal or equitable
628	628	action that challenges the validity of any provision or application
629	629	of this chapter, on constitutional grounds or otherwise.
630	630	(b) A provision of state law may not be construed to waive or
631	631	abrogate an immunity described by Subsection (a) unless the
632	632	provision expressly waives immunity under this section.
633	633	Sec. 770.010. SEVERABILITY. (a) It is the intent of the
634	634	legislature that every provision, section, subdivision, sentence,
635	635	clause, phrase, and word in this chapter, and every application of
636	636	the provisions of this chapter, are severable from each other.
637	637	(b) If any application of any provision in this chapter to
638	638	any person, group of persons, or circumstances is found by a court
639	639	to be invalid or unconstitutional, the remaining applications of
640	640	that provision to all other persons and circumstances shall be
641	641	severed and may not be affected. All constitutionally valid
642	642	applications of this chapter shall be severed from any applications
643	643	that a court finds to be invalid, leaving the valid applications in
644	644	force, because it is the legislature's intent and priority that the
645	645	valid applications be allowed to stand alone. Even if a reviewing
646	646	court finds a provision of this chapter to impose an
647	647	unconstitutional burden in a large or substantial fraction of
648	648	relevant cases, the applications that do not present an
649	649	unconstitutional burden shall be severed from the remaining
650	650	applications and shall remain in force, and shall be treated as if
651	651	the legislature had enacted a statute limited to the persons, group
652	652	of persons, or circumstances for which the statute's application
653	653	does not present an unconstitutional burden. If any court declares
654	654	or finds a provision of this chapter facially unconstitutional,
655	655	when discrete applications of that provision can be enforced
656	656	against a person, group of persons, or circumstances without
657	657	violating the United States Constitution and the Texas
658	658	Constitution, those applications shall be severed from all
659	659	remaining applications of the provision, and the provision shall be
660	660	interpreted as if the legislature had enacted a provision limited
661	661	to the persons, group of persons, or circumstances for which the
662	662	provision's application will not violate the United States
663	663	Constitution and the Texas Constitution.
664	664	(c) The legislature further declares that it would have
665	665	enacted this chapter, and each provision, section, subdivision,
666	666	sentence, clause, phrase, and word, and all constitutional
667	667	applications of this chapter, irrespective of the fact that any
668	668	provision, section, subdivision, sentence, clause, phrase, or
669	669	word, or application of this chapter, were to be declared
670	670	unconstitutional or to represent an unconstitutional burden.
671	671	(d) If any provision of this chapter is found by any court to
672	672	be unconstitutionally vague, then the applications of that
673	673	provision that do not present constitutional vagueness problems
674	674	shall be severed and remain in force.
675	675	(e) A court may not decline to enforce the severability
676	676	requirements of this section on the ground that severance would
677	677	rewrite the statute or involve the court in legislative or
678	678	lawmaking activity. A court that declines to enforce or enjoins a
679	679	state official from enforcing a statutory provision of this chapter
680	680	does not rewrite a statute, as the statute continues to contain the
681	681	same words as before the court's decision. A judicial injunction or
682	682	declaration of unconstitutionality of a provision of this chapter:
683	683	(1) is nothing more than an edict prohibiting
684	684	enforcement that may subsequently be vacated by a later court if
685	685	that court has a different understanding of the requirements of the
686	686	Texas Constitution or the United States Constitution;
687	687	(2) is not a formal amendment of the language in a
688	688	statute; and
689	689	(3) does not rewrite a statute any more than a decision
690	690	by the executive not to enforce a duly enacted statute in a limited
691	691	and defined set of circumstances.
692	692	Sec. 770.011. OPERATION OF CHAPTER. This chapter becomes
693	693	inoperative on invalidation of Subchapter H, Chapter 171, in its
694	694	entirety by a final decision of the United States Supreme Court or
695	695	Texas Supreme Court.
696	696	SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
697	697	amended by adding Section 30.023 to read as follows:
698	698	Sec. 30.023. AWARD OF ATTORNEY'S FEES IN ACTIONS
699	699	CHALLENGING FIREARMS LAW. (a) Notwithstanding any other law, any
700	700	person, including an entity, attorney, or law firm, that seeks
701	701	declaratory or injunctive relief to prevent this state, a political
702	702	subdivision of this state, a governmental entity or public official
703	703	in this state, or a person in this state from enforcing any statute,
704	704	ordinance, rule, regulation, or other type of law that regulates or
705	705	restricts firearms, or that represents any litigant seeking that
706	706	relief, is jointly and severally liable to pay the attorney's fees
707	707	and costs of the prevailing party.
708	708	(b) For purposes of this section, a party is considered a
709	709	prevailing party if a court:
710	710	(1) dismisses any claim or cause of action brought by
711	711	the party seeking the declaratory or injunctive relief described by
712	712	Subsection (a), regardless of the reason for the dismissal; or
713	713	(2) enters judgment in favor of the party opposing the
714	714	declaratory or injunctive relief described by Subsection (a), on
715	715	any claim or cause of action.
716	716	(c) Regardless of whether a prevailing party sought to
717	717	recover attorney's fees or costs in the underlying action, a
718	718	prevailing party under this section may bring a civil action to
719	719	recover attorney's fees and costs against a person, including an
720	720	entity, attorney, or law firm, that sought declaratory or
721	721	injunctive relief described by Subsection (a) not later than the
722	722	third anniversary of the date on which, as applicable:
723	723	(1) the dismissal or judgment described by Subsection
724	724	(b) becomes final on the conclusion of appellate review; or
725	725	(2) the time for seeking appellate review expires.
726	726	(d) None of the following is a defense to an action brought
727	727	under Subsection (c):
728	728	(1) a prevailing party under this section failed to
729	729	seek recovery of attorney's fees or costs in the underlying action;
730	730	(2) the court in the underlying action declined to
731	731	recognize or enforce the requirements of this section; or
732	732	(3) the court in the underlying action held that any
733	733	provision of this section is invalid, unconstitutional, or
734	734	preempted by federal law, notwithstanding the doctrines of issue or
735	735	claim preclusion.
736	736	(e) Any person, including an entity, attorney, or law firm,
737	737	that seeks declaratory or injunctive relief as described by
738	738	Subsection (a) may not be considered a prevailing party under this
739	739	section or any other provision of this chapter.
740	740	SECTION 4. Subchapter C, Chapter 311, Government Code, is
741	741	amended by adding Section 311.037 to read as follows:
742	742	Sec. 311.037. CONSTRUCTION OF FIREARMS STATUTES. (a) A
743	743	statute that regulates or prohibits firearms may not be construed
744	744	to repeal any other statute that regulates or prohibits firearms,
745	745	either wholly or partly, unless the later-enacted statute
746	746	explicitly states that it is repealing the other statute.
747	747	(b) A statute may not be construed to restrict a political
748	748	subdivision from regulating or prohibiting firearms in a manner
749	749	that is at least as stringent as the laws of this state, unless the
750	750	statute explicitly states that political subdivisions are
751	751	prohibited from regulating or prohibiting firearms in the manner
752	752	described by the statute.
753	753	(c) Every statute that regulates or prohibits firearms is
754	754	severable in each of its applications to every person and
755	755	circumstance. If any statute that regulates or prohibits firearms
756	756	is found by any court to be unconstitutional, either on its face or
757	757	as applied, then all applications of that statute that do not
758	758	violate the United States Constitution and Texas Constitution shall
759	759	be severed from the unconstitutional applications and shall remain
760	760	enforceable, notwithstanding any other law, and the statute shall
761	761	be interpreted as if containing language limiting the statute's
762	762	application to the persons, group of persons, or circumstances for
763	763	which the statute's application will not violate the United States
764	764	Constitution and Texas Constitution.
765	765	SECTION 5. Section 770.005, Health and Safety Code, as
766	766	added by this Act, applies only to a cause of action that accrues on
767	767	or after the effective date of this Act.
768	768	SECTION 6. This Act takes effect September 1, 2025.