Bill Text: TX HB112 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas; creating a criminal offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2020-11-09 - Filed [HB112 Detail]

Download: Texas-2021-HB112-Introduced.html
  87R45 LHC-F
 
  By: Toth H.B. No. 112
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of certain federal laws regulating
  firearms, firearm accessories, and firearm ammunition within the
  State of Texas; creating a criminal offense.
         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.  Title 8, Penal Code, is amended by adding Chapter
  40 to read as follows:
  CHAPTER 40.  THE TEXAS FIREARM PROTECTION ACT
         Sec. 40.01.  SHORT TITLE.  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,
  2021, 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 a
  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 law described by
  Subsection (b) or, by consistent actions, allows the enforcement of
  any federal law 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 a federal law described by
  Subsection (b) or that the entity, by consistent actions, allows
  the enforcement of a law described by Subsection (b).  The citizen
  must include with the complaint any evidence the citizen has in
  support of the complaint.
         (f)  If the attorney general determines that a complaint
  filed under Subsection (e) against an entity described by
  Subsection (a) is valid, to compel the entity's compliance with
  this section 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 the entity is located.  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, the person 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 takes effect September 1, 2021.
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