By: Tinderholt	H.B. No. 5153

	A BILL TO BE ENTITLED
	AN ACT
	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.