Bill Text: TX HB21 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-05-31 - Filed [HB21 Detail]
Download: Texas-2013-HB21-Introduced.html
| 83S10059 PEP-D | ||
| By: Creighton | H.B. No. 21 | |
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| relating to the unlawful seizure of a firearm by a governmental | ||
| officer or employee; providing penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 46, Penal Code, is amended by adding | ||
| Section 46.16 to read as follows: | ||
| Sec. 46.16. UNLAWFUL SEIZURE OF FIREARM. (a) A person who | ||
| is an officer or employee of the United States, this state, or a | ||
| political subdivision of this state commits an offense if the | ||
| person, while acting under color of the person's office or | ||
| employment, intentionally or knowingly seizes a firearm as | ||
| permitted or required by a federal statute, order, rule, or | ||
| regulation that: | ||
| (1) imposes a prohibition, restriction, or other | ||
| regulation on firearms that does not exist under the laws of this | ||
| state; and | ||
| (2) violates the United States Constitution. | ||
| (b) For purposes of this section, a person acts under color | ||
| of the person's office or employment if the person acts or purports | ||
| to act in an official capacity or takes advantage of such actual or | ||
| purported capacity. | ||
| (c) An offense under this section is a Class A misdemeanor. | ||
| 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 on the 91st day after the last day of the | ||
| legislative session. | ||
