Bill Text: TX HB12 | 2013 | 83rd Legislature 1st Special Session | Introduced
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 1-0)
Status: (Introduced - Dead) 2013-05-28 - Filed [HB12 Detail]
Download: Texas-2013-HB12-Introduced.html
83S10021 PEP-F | ||
By: Toth | H.B. No. 12 |
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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 B 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 on the 91st day after the last day of the | ||
legislative session. |