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 | |
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| 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. | ||
