Bill Text: TX HB15 | 2013 | 83rd Legislature 1st Special Session | Introduced


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-05-28 - Filed [HB15 Detail]

Download: Texas-2013-HB15-Introduced.html
 
 
  By: Krause H.B. No. 15
 
 
 
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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1, Penal Code, is amended by adding
  Section 1.10 to read as follows:
         Sec. 1.10.  ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING
  FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION.  (a)  In
  this section:
               (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 a firearm.  The term includes a detachable firearm
  magazine.
         (b)  An agency of this state or a political subdivision of
  this state, and a law enforcement officer or other person employed
  by an agency of this state or a political subdivision of this state,
  may not contract with or in any other manner provide assistance to a
  federal agency or official with respect to the enforcement of a
  federal statute, order, rule, or regulation purporting 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 or a registration requirement, that does not exist under
  the laws of this state.
         (c)  A political subdivision of this state may not receive
  state grant funds if the political subdivision adopts a rule,
  order, ordinance, or policy under which the political subdivision
  requires the enforcement of any federal statute, order, rule, or
  regulation described by Subsection (b) or, by consistent actions,
  requires the enforcement of any federal statute, order, rule, or
  regulation described by Subsection (b). State grant funds for the
  political subdivision 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 political subdivision
  has intentionally required the enforcement of any federal statute,
  order, rule, or regulation described by Subsection (b).
         (d)  Any citizen residing in the jurisdiction of a political
  subdivision of this state may file a complaint with the attorney
  general if the citizen offers evidence to support an allegation
  that the political subdivision has adopted a rule, order,
  ordinance, or policy under which the political subdivision requires
  the enforcement of any federal statute, order, rule, or regulation
  described by Subsection (b) or that, by consistent actions,
  requires the enforcement of any federal statute, order, rule, or
  regulation described by Subsection (b). The citizen must include
  with the complaint the evidence the citizen has that supports the
  complaint.
         (e)  If the attorney general determines that a complaint
  filed under Subsection (d) against a political subdivision of this
  state 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 the political subdivision is located to compel
  the political subdivision to comply with Subsection (b).  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.
         (f)  An appeal of a suit brought under Subsection (e) 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.
         (g)  The attorney general shall defend any agency of this
  state that the federal government attempts to sue for an action or
  omission consistent with the requirements of this section.
         SECTION 2.  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, 2013.
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