Bill Text: TX SB229 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-01-28 - Referred to State Affairs [SB229 Detail]
Download: Texas-2015-SB229-Introduced.html
84R1574 PEP-D | ||
By: Creighton | S.B. No. 229 |
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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 imposes a prohibition, restriction, or other | ||
regulation on firearms that does not exist under the laws of this | ||
state. | ||
(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. | ||
(d) It is an exception to the application of this section | ||
that the person's seizure of a firearm was consistent with an | ||
explicit and applicable grant of federal statutory authority that | ||
is consistent with the United States Constitution. | ||
(e) The prosecution may negate the existence of the | ||
exception provided by Subsection (d) only by proving beyond a | ||
reasonable doubt that, based on a decision entered by the United | ||
States Supreme Court on or after September 1, 2015, the federal | ||
statute, order, rule, or regulation described by Subsection (a) is | ||
not within the scope of federal powers conferred by the United | ||
States Constitution. | ||
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, 2015. |