Bill Text: TX SB499 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the enforcement of certain federal laws regulating firearms, firearm accessories, and firearm ammunition within the State of Texas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-09 - Referred to State Affairs [SB499 Detail]
Download: Texas-2021-SB499-Introduced.html
| 87R2647 LHC-F | ||
| By: Kolkhorst | S.B. No. 499 | |
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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. Title 8, Penal Code, is amended by adding Chapter | ||
| 40 to read as follows: | ||
| CHAPTER 40. THE TEXAS FIREARM PROTECTION ACT | ||
| Sec. 40.01. DEFINITIONS. In this chapter: | ||
| (1) "Firearm" has the meaning assigned by Section | ||
| 46.01. | ||
| (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 the firearm. The term includes a detachable | ||
| firearm magazine. | ||
| Sec. 40.02. STATE AND LOCAL GOVERNMENT POLICY REGARDING | ||
| ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) 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. | ||
| (b) An entity described by Subsection (a) may not adopt a | ||
| rule, order, ordinance, or policy under which the entity enforces, | ||
| or by consistent action allows the enforcement of, a federal | ||
| statute, order, rule, or regulation enacted on or after September | ||
| 1, 2021, that purports to regulate a firearm, a firearm accessory, | ||
| or firearm ammunition if the statute, order, rule, or regulation | ||
| imposes a prohibition, restriction, or other regulation, such as a | ||
| capacity or size limitation, a registration requirement, or a | ||
| background check, that does not exist under the laws of this state. | ||
| (c) No entity described by Subsection (a) and no person | ||
| employed by or otherwise under the direction or control of the | ||
| entity may enforce or attempt to enforce any federal statute, | ||
| order, rule, or regulation described by Subsection (b). | ||
| (d) An entity described by Subsection (a) may not receive | ||
| state grant funds if the entity adopts a rule, order, ordinance, or | ||
| policy under which the entity enforces any federal law described by | ||
| Subsection (b) or, by consistent actions, allows the enforcement of | ||
| any federal law described by Subsection (b). 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 violated Subsection (b). | ||
| (e) Any citizen residing in the jurisdiction of an entity | ||
| described by Subsection (a) 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 enforces a federal law described by | ||
| Subsection (b) or an allegation that the entity, by consistent | ||
| actions, allows the enforcement of a federal law described by | ||
| Subsection (b). The citizen must include with the complaint any | ||
| evidence the citizen has in support of the complaint. | ||
| (f) If the attorney general determines that a complaint | ||
| filed under Subsection (e) against an entity described by | ||
| Subsection (a) is valid, to compel the entity's compliance with | ||
| this section 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. 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. | ||
| 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, 2021. | ||
