Bill Text: TX HB2622 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.
Spectrum: Moderate Partisan Bill (Republican 64-8)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB2622 Detail]
Download: Texas-2021-HB2622-Enrolled.html
| H.B. No. 2622 | ||
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| relating to the enforcement of certain federal 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. This Act may be cited as the Second Amendment | ||
| Sanctuary State Act. | ||
| SECTION 2. Chapter 1, Penal Code, is amended by adding | ||
| Section 1.10 to read as follows: | ||
| Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING | ||
| FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (a) In | ||
| this section: | ||
| (1) "Ammunition" has the meaning assigned by Section | ||
| 229.001, Local Government Code. | ||
| (2) "Firearm" has the meaning assigned by Section | ||
| 46.01. | ||
| (3) "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 the firearm. The term includes a detachable | ||
| firearm magazine. | ||
| (4) "State funds" means money appropriated by the | ||
| legislature or money under the control or direction of a state | ||
| agency. | ||
| (b) Notwithstanding any other law, an agency of this state, | ||
| a political subdivision of this state, or a law enforcement officer | ||
| or other person employed by an agency of this state or a political | ||
| subdivision of this state may not contract with or in any other | ||
| manner provide assistance to a federal agency or official with | ||
| respect to the enforcement of a federal statute, order, rule, or | ||
| regulation that: | ||
| (1) imposes a prohibition, restriction, or other | ||
| regulation that does not exist under the laws of this state; and | ||
| (2) relates to: | ||
| (A) a registry requirement for a firearm, a | ||
| firearm accessory, or ammunition; | ||
| (B) a requirement that an owner of a firearm, a | ||
| firearm accessory, or ammunition possess a license as a condition | ||
| of owning, possessing, or carrying the firearm, firearm accessory, | ||
| or ammunition; | ||
| (C) a requirement that a background check be | ||
| conducted for the private sale or transfer of a firearm, a firearm | ||
| accessory, or ammunition; | ||
| (D) a program for confiscating a firearm, a | ||
| firearm accessory, or ammunition from a person who is not otherwise | ||
| prohibited by the laws of this state from possessing the firearm, | ||
| firearm accessory, or ammunition; or | ||
| (E) a program that requires an owner of a | ||
| firearm, a firearm accessory, or ammunition to sell the firearm, | ||
| firearm accessory, or ammunition. | ||
| (c) Subsection (b) does not apply to a contract or agreement | ||
| to provide assistance in the enforcement of a federal statute, | ||
| order, rule, or regulation in effect on January 19, 2021. | ||
| (d) A political subdivision of this state may not receive | ||
| state funds if the political subdivision enters into a contract or | ||
| adopts a rule, order, ordinance, or policy under which the | ||
| political subdivision requires or assists with the enforcement of | ||
| any federal statute, order, rule, or regulation described by | ||
| Subsection (b) or, by consistent actions, requires or assists with | ||
| the enforcement of any federal statute, order, rule, or regulation | ||
| described by Subsection (b). State funds for the political | ||
| subdivision 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 political subdivision has required or | ||
| assisted with the enforcement of any federal statute, order, rule, | ||
| or regulation described by Subsection (b). | ||
| (e) Any individual residing in the jurisdiction of a | ||
| political subdivision of this state may file a complaint with the | ||
| attorney general if the individual offers evidence to support an | ||
| allegation that the political subdivision has entered into a | ||
| contract or adopted a rule, order, ordinance, or policy under which | ||
| the political subdivision requires or assists with the enforcement | ||
| of any federal statute, order, rule, or regulation described by | ||
| Subsection (b) or evidence to support an allegation that the | ||
| political subdivision, by consistent actions, requires or assists | ||
| with the enforcement of any federal statute, order, rule, or | ||
| regulation described by Subsection (b). The individual must | ||
| include with the complaint the evidence the individual has that | ||
| supports the complaint. | ||
| (f) If the attorney general determines that a complaint | ||
| filed under Subsection (e) against a political subdivision of this | ||
| state 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 a county in which the | ||
| principal office of the political subdivision is located to compel | ||
| the political subdivision to comply with Subsection (b). 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 agency of this | ||
| state in a suit brought against the agency by the federal government | ||
| for an action or omission consistent with the requirements of this | ||
| section. | ||
| SECTION 3. 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, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2622 was passed by the House on April | ||
| 30, 2021, by the following vote: Yeas 83, Nays 45, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2622 was passed by the Senate on May | ||
| 24, 2021, by the following vote: Yeas 17, Nays 13. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
