Bill Text: TX SB378 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to prohibiting public funds from being used to enforce certain federal or international laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-14 - Referred to State Affairs [SB378 Detail]
Download: Texas-2019-SB378-Introduced.html
86R1976 LHC-D | ||
By: Hall | S.B. No. 378 |
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relating to prohibiting public funds from being used to enforce | ||
certain federal or international 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. Title 1, Government Code, is amended by adding | ||
Chapter 2 to read as follows: | ||
CHAPTER 2. GENERAL PROVISIONS RELATING TO USE OF PUBLIC FUNDS | ||
Sec. 2.001. PROHIBITION ON USE OF PUBLIC FUNDS TO ENFORCE | ||
CERTAIN FEDERAL OR INTERNATIONAL LAWS REGULATING FIREARMS, FIREARM | ||
ACCESSORIES, AND FIREARM AMMUNITION. (a) In this section: | ||
(1) "Firearm" has the meaning assigned by Section | ||
46.01, Penal Code. | ||
(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) This section 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. | ||
(c) Notwithstanding any other law, an entity described by | ||
Subsection (b) may not use public funds to enforce a federal | ||
statute, order, rule, or regulation or an international law | ||
purporting to regulate a firearm, a firearm accessory, or firearm | ||
ammunition, or the carrying of those items, if the federal statute, | ||
order, rule, or regulation or international law imposes a | ||
prohibition, restriction, or other regulation, such as a capacity, | ||
size, or configuration limitation, that does not exist under the | ||
laws of this state. | ||
(d) An entity described by Subsection (b) may not receive | ||
state grant funds if the entity adopts a rule, order, ordinance, or | ||
policy under which the entity requires the enforcement of any | ||
federal statute, order, rule, or regulation or an international law | ||
described by Subsection (c) or if the entity, by consistent | ||
actions, requires the enforcement of any federal statute, order, | ||
rule, or regulation or an international law described by Subsection | ||
(c). 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 section is made that | ||
the entity has intentionally required the enforcement of any | ||
federal statute, order, rule, or regulation or an international law | ||
described by Subsection (c). | ||
(e) Any citizen residing in the jurisdiction of an entity | ||
described by Subsection (b) 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 requires the enforcement of any federal | ||
statute, order, rule, or regulation or an international law | ||
described by Subsection (c) or that the entity, by consistent | ||
actions, requires the enforcement of any federal statute, order, | ||
rule, or regulation or an international law described by Subsection | ||
(c). The citizen must include with the complaint the evidence the | ||
citizen has that supports the complaint. | ||
(f) If the attorney general determines that a complaint | ||
filed under Subsection (e) against an entity described by | ||
Subsection (b) 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 the county in | ||
which the principal office of the entity is located to compel the | ||
entity to comply with Subsection (c). 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. | ||
(g) An appeal of a suit brought under Subsection (f) 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. | ||
(h) The attorney general shall defend any entity described | ||
by Subsection (b) that the federal government attempts to sue or | ||
prosecute 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, 2019. |