Bill Text: TX HB5153 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the right of the people to keep and bear arms.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to State Affairs [HB5153 Detail]
Download: Texas-2023-HB5153-Introduced.html
| By: Tinderholt | H.B. No. 5153 | |
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| relating to the right of the people to keep and bear arms. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 1, Government Code, is amended by adding | ||
| Chapter 3 to read as follows: | ||
| CHAPTER 3. FEDERAL REGULATION OF FIREARMS | ||
| SUBCHAPTER A. NON-COOPERATION | ||
| Sec. 3.001. PROHIBITION. No public officer or employee of | ||
| this state or of any political subdivision of this state shall | ||
| enforce or attempt to enforce, or provide material aid to the | ||
| efforts of another who enforces or attempts to enforce, any of the | ||
| following federal acts, laws, executive orders, administrative | ||
| orders, rules, regulations, statutes, or ordinances: | ||
| (1) Any tax, levy, fee, or stamp imposed on firearms, | ||
| firearm accessories, or ammunition not common to all other goods | ||
| and services and that might reasonably be expected to create a | ||
| chilling effect on the purchase or ownership of those items; | ||
| (2) Any registration or tracking of firearms, firearm | ||
| accessories, or ammunition; | ||
| (3) Any registration or tracking of the ownership of | ||
| firearms, firearm accessories, or ammunition; | ||
| (4) Any act forbidding the possession, ownership, use, | ||
| or transfer of a firearm, firearm accessory, or ammunition by a | ||
| person who is not prohibited under state law from possessing a | ||
| firearm, unless the person is not legally present in the United | ||
| States or this state; and | ||
| (5) Any act ordering the confiscation of firearms, | ||
| firearm accessories, or ammunition from a person who is not | ||
| prohibited under state law from possessing a firearm, unless the | ||
| person is not legally present in the United States or this state. | ||
| Sec. 3.002. PRIVATE CAUSE OF ACTION. (a) Any political | ||
| subdivision or any state or local law enforcement agency that | ||
| employs a law enforcement officer who acts knowingly to violate the | ||
| provisions of Section 3.001 shall be liable to the injured party in | ||
| an action at law, suit in equity, or other proper proceeding for | ||
| redress, and subject to a civil penalty of fifty thousand dollars | ||
| per occurrence. | ||
| (b) Any person injured under this section shall also have | ||
| standing to pursue an action for injunctive relief in the district | ||
| court of the county in which the action allegedly occurred or in the | ||
| district court of Travis County. The court shall hold a hearing on | ||
| the motion for temporary restraining order and preliminary | ||
| injunction within thirty days of service of the petition. | ||
| (c) In any action under this section, the court shall award | ||
| the prevailing party, other than this state or any political | ||
| subdivision of the state, reasonable attorney's fees and costs. | ||
| (d) Sovereign immunity shall not be an affirmative defense | ||
| in any action pursuant to this section. | ||
| Sec. 3.003. CONSTRUCTION. (b) For the purposes of this | ||
| subchapter, "material aid" shall include voluntarily giving or | ||
| allowing others to make use of lodging; communications equipment or | ||
| services, including social media accounts; facilities; weapons; | ||
| personnel; transportation; clothing; or other physical assets. | ||
| Material aid shall not include giving or allowing the use of | ||
| medicine or other materials necessary to treat physical injuries, | ||
| nor shall the term include any assistance provided to help persons | ||
| escape a serious, present risk of life-threatening injury. | ||
| (c) In this subchapter, "knowingly" has the meaning | ||
| assigned by Section 6.03, Penal Code. | ||
| (d) Nothing in this subchapter shall be construed to | ||
| prohibit state officials from accepting aid from federal officials | ||
| to enforce the laws of this state. | ||
| (e) It shall not be considered a violation of this | ||
| subchapter to provide material aid to federal officials who are in | ||
| pursuit of a suspect when there is a demonstrable criminal nexus | ||
| with another state or country and such suspect is either not a | ||
| citizen of this state or is not present in this state. | ||
| (f) It shall not be considered a violation of this | ||
| subchapter to provide material aid to federal prosecution for | ||
| felony crimes against a person when such prosecution includes | ||
| weapons violations substantially similar to those found in Chapter | ||
| 46, Penal Code, so long as such weapons violations are merely | ||
| ancillary to such prosecution. | ||
| (g) Nothing in this subchapter shall be construed to alter | ||
| any federal law. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
