Bill Text: TX HB957 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to local, state, and federal regulation of firearm suppressors.

Spectrum: Partisan Bill (Republican 31-1)

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB957 Detail]

Download: Texas-2021-HB957-Introduced.html
  87R4358 TSS-D
 
  By: Oliverson H.B. No. 957
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local, state, and federal regulation of firearm
  suppressors.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 1, Government Code, is amended by adding
  Chapter 2 to read as follows:
  CHAPTER 2. FIREARM SUPPRESSOR REGULATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 2.001.  DEFINITIONS. In this chapter:
               (1)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code.
               (2)  "Firearm suppressor" means any device designed,
  made, or adapted to muffle the report of a firearm.
               (3)  "Generic and insignificant part" means an item
  that has manufacturing or consumer product applications other than
  inclusion in a firearm suppressor.  The term includes a spring,
  screw, nut, and pin.
               (4)  "Manufacture" includes forging, casting,
  machining, or another process for working a material.
  SUBCHAPTER B. INTRASTATE MANUFACTURE OF FIREARM SUPPRESSOR
         Sec. 2.051.  MEANING OF "MANUFACTURED IN THIS STATE."  (a)  
  For the purposes of this subchapter, a firearm suppressor is
  manufactured in this state if the item is manufactured:
               (1)  in this state from basic materials; and
               (2)  without the inclusion of any part imported from
  another state other than a generic and insignificant part.
         (b)  For the purposes of this subchapter, a firearm
  suppressor is manufactured in this state if it is manufactured as
  described by Subsection (a) without regard to whether a firearm
  imported into this state from another state is attached to or used
  in conjunction with the suppressor.
         Sec. 2.052.  NOT SUBJECT TO FEDERAL REGULATION. (a)  A
  firearm suppressor that is manufactured in this state and remains
  in this state is not subject to federal law or federal regulation,
  including registration, under the authority of the United States
  Congress to regulate interstate commerce.
         (b)  A basic material from which a firearm suppressor is
  manufactured in this state, including unmachined steel, is not a
  firearm suppressor and is not subject to federal regulation under
  the authority of the United States Congress to regulate interstate
  commerce as if it actually were a firearm suppressor.
         Sec. 2.053.  MARKETING OF FIREARM SUPPRESSOR. A firearm
  suppressor manufactured and sold in this state must have the words
  "Made in Texas" clearly stamped on it.
         Sec. 2.054.  ATTORNEY GENERAL. On written notification to
  the attorney general by a United States citizen who resides in this
  state of the citizen's intent to manufacture a firearm suppressor
  to which Section 2.052 applies, the attorney general shall seek a
  declaratory judgment from a federal district court in this state
  that Section 2.052 is consistent with the United States
  Constitution.
  SUBCHAPTER C. ENFORCEMENT OF CERTAIN FEDERAL FIREARMS LAWS
  PROHIBITED
         Sec. 2.101.  APPLICABILITY.  This subchapter 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.
         Sec. 2.102.  STATE AND LOCAL GOVERNMENT POLICY REGARDING
  ENFORCEMENT OF FEDERAL FIREARM LAWS.  (a)  An entity described by
  Section 2.101 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 that
  purports to regulate a firearm suppressor if the statute, order,
  rule, or regulation imposes a prohibition, restriction, or other
  regulation that does not exist under the laws of this state.
         (b)  No entity described by Section 2.101 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 (a).
         Sec. 2.103.  STATE GRANT FUNDS.  (a)  An entity described by
  Section 2.101 may not receive state grant funds if the entity adopts
  a rule, order, ordinance, or policy under which the entity enforces
  a federal law described by Section 2.102(a) or, by consistent
  action, allows the enforcement of a federal law described by
  Section 2.102(a).
         (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 subchapter is made
  that the entity has violated Section 2.102(a).
         Sec. 2.104.  ENFORCEMENT.  (a)  Any citizen residing in the
  jurisdiction of an entity described by Section 2.101 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 a federal law
  described by Section 2.102(a) or that the entity, by consistent
  action, allows the enforcement of a federal law described by
  Section 2.102(a).  The citizen must include with the complaint any
  evidence the citizen has in support of the complaint.
         (b)  If the attorney general determines that a complaint
  filed under Subsection (a) against an entity described by Section
  2.101 is valid, to compel the entity's compliance with this
  subchapter 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 entity is located.  The attorney general may
  recover reasonable expenses incurred obtaining relief under this
  subsection, including court costs, reasonable attorney's fees,
  investigative costs, witness fees, and deposition costs.
         (c)  An appeal of a suit brought under Subsection (b) 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.
         SECTION 2.  Section 46.05(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if the person intentionally
  or knowingly possesses, manufactures, transports, repairs, or
  sells:
               (1)  any of the following items, unless the item is
  registered in the National Firearms Registration and Transfer
  Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
  Explosives or otherwise not subject to that registration
  requirement or unless the item is classified as a curio or relic by
  the United States Department of Justice:
                     (A)  an explosive weapon;
                     (B)  a machine gun; or
                     (C)  a short-barrel firearm;
               (2)  armor-piercing ammunition;
               (3)  a chemical dispensing device;
               (4)  a zip gun;
               (5)  a tire deflation device; or
               (6)  [a firearm silencer, unless the firearm silencer
  is classified as a curio or relic by the United States Department of
  Justice or the actor otherwise possesses, manufactures,
  transports, repairs, or sells the firearm silencer in compliance
  with federal law; or
               [(7)] an improvised explosive device.
         SECTION 3.  Section 46.01(4), Penal Code, is repealed.
         SECTION 4.  Subchapter B, Chapter 2, Government Code, as
  added by this Act, applies only to a firearm suppressor, as that
  term is defined by Section 2.001, Government Code, as added by this
  Act, that is manufactured on or after the effective date of this
  Act.
         SECTION 5.  An offense under Section 46.05(a)(6), Penal
  Code, as it existed immediately before the effective date of this
  Act, may not be prosecuted after the effective date of this Act. If
  on the effective date of this Act a criminal action is pending for
  an offense described by that subdivision, the action is dismissed
  on that date. However, a final conviction for an offense described
  by that subdivision that exists on the effective date of this Act is
  unaffected by this Act.
         SECTION 6.  This Act takes effect September 1, 2021.
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