Bill Text: TX HB1076 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to certain firearms, firearm accessories, and firearm ammunition within the State of Texas; providing an exemption from federal regulation and providing penalties.
Spectrum: Partisan Bill (Republican 37-0)
Status: (Engrossed - Dead) 2013-05-22 - Not again placed on intent calendar [HB1076 Detail]
Download: Texas-2013-HB1076-Engrossed.html
| By: Toth, Klick, Springer, Phillips, | H.B. No. 1076 | |
| Bonnen of Brazoria, et al. | ||
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| relating to certain firearms, firearm accessories, and firearm | ||
| ammunition within the State of Texas; providing an exemption from | ||
| federal regulation and providing penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The Legislature of the State of Texas finds that: | ||
| (1) The Tenth Amendment to the United States | ||
| Constitution reserves to the states and the people all powers not | ||
| granted to the federal government elsewhere in the constitution, as | ||
| those powers were understood at the time Texas was admitted to | ||
| statehood in 1845. The guaranty of those powers is a matter of | ||
| contract between the state and people of Texas and the United States | ||
| dating from the time Texas became a state. | ||
| (2) The Ninth Amendment to the United States | ||
| Constitution guarantees to the people rights not enumerated in the | ||
| constitution, as those rights were understood at the time Texas | ||
| became a state. The guaranty of those rights is a matter of | ||
| contract between the state and people of Texas and the United States | ||
| dating from the time Texas became a state. | ||
| (3) The Second Amendment to the United States | ||
| Constitution guarantees the right of the people to keep and bear | ||
| arms, as that right was understood at the time Texas became a state. | ||
| The guaranty of that right is a matter of contract between the state | ||
| and people of Texas and the United States dating from the time Texas | ||
| became a state. | ||
| (4) Section 23, Article I, Texas Constitution, secures | ||
| to Texas citizens the right to keep and bear arms. That | ||
| constitutional protection is unchanged from the date the | ||
| constitution was adopted in 1876. | ||
| SECTION 2. The Penal Code is amended by adding Chapter 40 to | ||
| read as follows: | ||
| CHAPTER 40. THE TEXAS FIREARM PROTECTION ACT | ||
| Sec. 40.01. This chapter may be cited as the Texas Firearm | ||
| Protection Act. | ||
| Sec. 40.02. DEFINITIONS. In this chapter: | ||
| (1) "Firearm" has the meaning assigned by Section | ||
| 46.01. | ||
| (2) "Firearm accessory" means an item that is used in | ||
| conjunction with or mounted on a firearm but is not essential to the | ||
| basic function of the firearm. The term includes a detachable | ||
| firearm magazine. | ||
| Sec. 40.03. STATE AND LOCAL GOVERNMENT POLICY REGARDING | ||
| ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) This section applies to: | ||
| (1) the State of Texas, including an agency, | ||
| department, commission, bureau, board, office, council, court, or | ||
| other entity that is in any branch of state government and that is | ||
| created by the constitution or a statute of this state, including a | ||
| university system or a system of higher education; | ||
| (2) the governing body of a municipality, county, or | ||
| special district or authority; | ||
| (3) an officer, employee, or other body that is part of | ||
| a municipality, county, or special district or authority, including | ||
| a sheriff, municipal police department, municipal attorney, or | ||
| county attorney; and | ||
| (4) a district attorney or criminal district attorney. | ||
| (b) An entity described by Subsection (a) may not adopt a | ||
| rule, order, ordinance, or policy under which the entity enforces, | ||
| or by consistent action allows the enforcement of, a federal | ||
| statute, order, rule, or regulation enacted on or after January 1, | ||
| 2013, that purports to regulate a firearm, a firearm accessory, or | ||
| firearm ammunition if the statute, order, rule, or regulation | ||
| imposes a prohibition, restriction, or other regulation, such as | ||
| capacity or size limitation, a registration requirement, or a | ||
| background check, that does not exist under the laws of this state. | ||
| (c) No entity described by Subsection (a) and no person | ||
| employed by or otherwise under the direction or control of the | ||
| entity may enforce or attempt to enforce any federal statute, | ||
| order, rule, or regulation described by Subsection (b). | ||
| (d) An entity described by Subsection (a) may not receive | ||
| state grant funds if the entity adopts a rule, order, ordinance, or | ||
| policy under which the entity enforces any federal laws described | ||
| by Subsection (b) or, by consistent actions, allows the enforcement | ||
| of any federal laws described by Subsection (b). State grant funds | ||
| for the entity shall be denied for the fiscal year following the | ||
| year in which a final judicial determination in an action brought | ||
| under this section is made that the entity has violated Subsection | ||
| (b). | ||
| (e) Any citizen residing in the jurisdiction of an entity | ||
| described by Subsection (a) may file a complaint with the attorney | ||
| general if the citizen offers evidence to support an allegation | ||
| that the entity has adopted a rule, order, ordinance, or policy | ||
| under which the entity enforces the federal laws described by | ||
| Subsection (b) or that the entity, by consistent actions, allows | ||
| the enforcement of any laws described by Subsection (b). The | ||
| citizen must include with the complaint the evidence the citizen | ||
| has that supports the complaint. | ||
| (f) If the attorney general determines that a complaint | ||
| filed under Subsection (e) against an entity described by | ||
| Subsection (a) is valid, the attorney general may file a petition | ||
| for a writ of mandamus or apply for other appropriate equitable | ||
| relief in a district court in Travis County or in a county in which | ||
| the principal office of an entity described by Subsection (a) is | ||
| located to compel the entity that adopts a rule, order, ordinance, | ||
| or policy under which the local entity enforces the laws described | ||
| by Subsection (b) or that, by consistent actions, allows the | ||
| enforcement of the laws described by Subsection (b), to comply with | ||
| this section. The attorney general may recover reasonable expenses | ||
| incurred in obtaining relief under this subsection, including court | ||
| costs, reasonable attorney's fees, investigative costs, witness | ||
| fees, and deposition costs. | ||
| (g) An appeal of a suit brought under Subsection (f) is | ||
| governed by the procedures for accelerated appeals in civil cases | ||
| under the Texas Rules of Appellate Procedure. The appellate court | ||
| shall render its final order or judgment with the least possible | ||
| delay. | ||
| (h) A person commits an offense if, in the person's official | ||
| capacity as an officer of an entity described by Subsection (a), or | ||
| as a person employed by or otherwise under the direction or control | ||
| of the entity, or under color of law, knowingly enforces or attempts | ||
| to enforce any federal statute, order, rule, or regulation | ||
| described by Subsection (b). An offense under this subsection is a | ||
| Class A misdemeanor. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act shall take effect September 1, 2013. | ||
