Bill Text: TX HB21 | 2013 | 83rd Legislature 1st Special Session | Introduced

Texas House Bill 21 (Prior Session Legislation)

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) 2013-05-31 - Filed [HB21 Detail]

Download: Texas-2013-HB21-Introduced.html

	83S10059 PEP-D

	By: Creighton	H.B. No. 21



	A BILL TO BE ENTITLED
	AN ACT
	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.