Bill Text: TX SB438 | 2015-2016 | 84th 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 4-0)
Status: (Introduced - Dead) 2015-02-10 - Co-author authorized [SB438 Detail]
Download: Texas-2015-SB438-Introduced.html
| 84R7664 LEH-D | ||
| By: Hall, Kolkhorst, Perry | S.B. No. 438 | |
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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, 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 a 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, 2015. | ||
