Bill Text: TX HB2282 | 2021-2022 | 87th Legislature | Introduced

Texas House Bill 2282 (Prior Session Legislation)

Introduced

Bill Title: Relating to district and county attorney counsel in federal enforcement of laws regulating firearms, firearm accessories, and firearm ammunitions within the State of Texas.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-15 - Referred to State Affairs [HB2282 Detail]

Download: Texas-2021-HB2282-Introduced.html



	By: Toth	H.B. No. 2282



	A BILL TO BE ENTITLED
	AN ACT
	relating to district and county attorney counsel in federal
	enforcement of laws regulating firearms, firearm accessories, and
	firearm ammunitions within the State of Texas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 2.08, Code of Criminal Procedure, is
	amended by adding new subsection (c) to read as follows:
	Art. 2.08. DISQUALIFIED. (a) District and county
	attorneys shall not be of counsel adversely to the State in any
	case, in any court, nor shall they, after they cease to be such
	officers, be of counsel adversely to the State in any case in which
	they have been of counsel for the State.
	(b) A judge of a court in which a district or county attorney
	represents the State shall declare the district or county attorney
	disqualified for purposes of Article 2.07 on a showing that the
	attorney is the subject of a criminal investigation by a law
	enforcement agency if that investigation is based on credible
	evidence of criminal misconduct for an offense that is within the
	attorney's authority to prosecute. A disqualification under this
	subsection applies only to the attorney's access to the criminal
	investigation pending against the attorney and to any prosecution
	of a criminal charge resulting from that investigation.
	(c) In this section:
	(1) "Firearm" has the meaning assigned in 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.
	(d) District and county attorneys shall not be of counsel in
	federal court for any action involving enforcement of a federal
	statute, order, rule, or regulation purporting to regulate a
	firearm, a firearm accessory, or firearm ammunition.
	SECTION 2. This Act takes effect September 1, 2021.