Texas 2025 - 89th Regular

Texas House Bill HB3934 Compare Versions

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

Old	New	Differences
1	1	89R5479 JDK-D
2	2	By: Hopper H.B. No. 3934
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to governmental action that infringes on the right to keep
10	10	and bear arms in this state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1.10(b), Penal Code, is amended to read
13	13	as follows:
14	14	(b) Notwithstanding any other law, an agency of this state,
15	15	a political subdivision of this state, or a law enforcement officer
16	16	or other person employed by an agency of this state or a political
17	17	subdivision of this state may not contract with or in any other
18	18	manner provide assistance to a federal agency or official with
19	19	respect to the enforcement of a federal statute, order, rule, or
20	20	regulation that:
21	21	(1) imposes a prohibition, restriction, or other
22	22	regulation that does not exist under the laws of this state; and
23	23	(2) relates to:
24	24	(A) a registry requirement for possessing or
25	25	owning a firearm, a firearm accessory, or ammunition;
26	26	(B) a requirement that an owner of a firearm, a
27	27	firearm accessory, or ammunition possess a license as a condition
28	28	of owning, possessing, or carrying the firearm, firearm accessory,
29	29	or ammunition;
30	30	(C) a requirement that a background check be
31	31	conducted for the private sale or transfer of a firearm, a firearm
32	32	accessory, or ammunition;
33	33	(D) a program for confiscating a firearm, a
34	34	firearm accessory, or ammunition from a person who is not otherwise
35	35	prohibited by the laws of this state from possessing the firearm,
36	36	firearm accessory, or ammunition; [or]
37	37	(E) a program that requires an owner of a
38	38	firearm, a firearm accessory, or ammunition to sell the firearm,
39	39	firearm accessory, or ammunition; or
40	40	(F) a tax, fee, or surcharge imposed only on a
41	41	firearm, firearm accessory, or ammunition, or only on the sale or
42	42	transfer of a firearm, firearm accessory, or ammunition.
43	43	SECTION 2. Subtitle H, Title 10, Government Code, is
44	44	amended by adding Chapter 2402 to read as follows:
45	45	CHAPTER 2402. PROTECTION OF RIGHT TO KEEP AND BEAR ARMS
46	46	SUBCHAPTER A. GENERAL PROVISIONS
47	47	Sec. 2402.001. DEFINITIONS. In this chapter:
48	48	(1) "Governmental entity" means:
49	49	(A) this state;
50	50	(B) a board, commission, council, department,
51	51	or other agency in the executive branch of state government that
52	52	is created by the state constitution or a statute, including an
53	53	institution of higher education as defined by Section 61.003,
54	54	Education Code;
55	55	(C) the legislature or a legislative agency;
56	56	(D) a state judicial agency or the State Bar of
57	57	Texas;
58	58	(E) a political subdivision, including a county,
59	59	municipality, or special district or authority; or
60	60	(F) an officer, employee, or agent of an entity
61	61	described by Paragraphs (A) through (E).
62	62	(2) "Law-abiding citizen" means an individual who is
63	63	not otherwise prohibited from possessing a firearm. The term does
64	64	not include an individual who is not legally authorized to be
65	65	present in the United States.
66	66	(3) "Material aid and support" includes voluntarily
67	67	giving or allowing another person to make use of lodging,
68	68	communication equipment, or services, including social media
69	69	accounts, facilities, weapons, personnel, transportation,
70	70	clothing, or another physical asset. The term does not include:
71	71	(A) giving or allowing the use of materials
72	72	necessary to treat physical injuries; or
73	73	(B) providing assistance to individuals to
74	74	prevent a serious and present risk of a life-threatening injury.
75	75	(4) "Peace officer" means an individual described by
76	76	Article 2A.001, Code of Criminal Procedure.
77	77	Sec. 2402.002. DUTY TO PROTECT RIGHT TO KEEP AND BEAR ARMS.
78	78	Courts and law enforcement agencies in this state shall protect the
79	79	right of law-abiding citizens to keep and bear arms in this state
80	80	and to protect that right from infringement.
81	81	SUBCHAPTER B. CIVIL ACTION FOR INFRINGING RIGHT TO KEEP AND BEAR
82	82	ARMS
83	83	Sec. 2402.051. CIVIL ACTION. A governmental entity that
84	84	employs a peace officer who knowingly violates Section 1.10, Penal
85	85	Code, or otherwise knowingly deprives a law-abiding citizen of this
86	86	state of the right to keep and bear arms while acting under the
87	87	color of any state or federal law is liable to the citizen for the
88	88	damages resulting from the violation or deprivation.
89	89	Sec. 2402.052. REMEDIES. (a) A prevailing claimant may
90	90	recover in an action brought under this subchapter:
91	91	(1) actual damages;
92	92	(2) statutory damages of $50,000 per occurrence;
93	93	(3) appropriate equitable relief; and
94	94	(4) costs and reasonable attorney's fees incurred in
95	95	bringing the action.
96	96	(b) Damages under Subsection (a)(2) may not be considered
97	97	exemplary damages for purposes of Chapter 41, Civil Practice and
98	98	Remedies Code.
99	99	Sec. 2402.053. VENUE. A claimant may bring an action under
100	100	this subchapter in a district court in Travis County or in a county
101	101	in which the principal office of the governmental entity is
102	102	located.
103	103	Sec. 2402.054. PRELIMINARY INJUNCTION HEARING. In an
104	104	action brought under this subchapter, a court, on its own motion,
105	105	shall hold a hearing for a preliminary injunction not later than the
106	106	30th day after the date each defendant is served with process for
107	107	the action.
108	108	Sec. 2402.055. WAIVER OF IMMUNITY. A governmental entity's
109	109	sovereign or governmental immunity to suit and from liability is
110	110	waived to the extent of liability created by this subchapter.
111	111	SUBCHAPTER C. ACTION FOR EMPLOYING CERTAIN FORMER FEDERAL
112	112	OFFICIALS, EMPLOYEES, OR AGENTS
113	113	Sec. 2402.101. CIVIL ACTION. An individual residing in a
114	114	governmental entity's jurisdiction may bring an action against the
115	115	entity if the entity employs an individual who, when the individual
116	116	was a federal official, employee, or agent:
117	117	(1) enforced or attempted to enforce a federal
118	118	statute, order, rule, or regulation described by Section 1.10(b),
119	119	Penal Code; or
120	120	(2) gave material aid and support to another person
121	121	enforcing or attempting to enforce a federal statute, order, rule,
122	122	or regulation described by Section 1.10(b), Penal Code.
123	123	Sec. 2402.102. REMEDIES. A prevailing claimant in an
124	124	action brought under this subchapter may recover:
125	125	(1) statutory damages of $50,000 for each employee
126	126	described by Section 2402.101;
127	127	(2) appropriate equitable relief; and
128	128	(3) court costs and reasonable attorney's fees
129	129	incurred in bringing the action.
130	130	Sec. 2402.103. WAIVER OF IMMUNITY. A governmental entity's
131	131	sovereign or governmental immunity to suit and from liability is
132	132	waived to the extent of liability created by this subchapter.
133	133	SECTION 3. The changes in law made by this Act apply only to
134	134	a cause of action that accrues on or after the effective date of
135	135	this Act.
136	136	SECTION 4. This Act takes effect September 1, 2025.