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A BILL TO BE ENTITLED
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AN ACT
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relating to governmental action that infringes on the right to keep |
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and bear arms in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.10(b), Penal Code, is amended to read |
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as follows: |
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(b) Notwithstanding any other law, an agency of this state, |
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a political subdivision of this state, or a law enforcement officer |
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or other person employed by an agency of this state or a political |
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subdivision of this state may not contract with or in any other |
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manner provide assistance to a federal agency or official with |
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respect to the enforcement of a federal statute, order, rule, or |
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regulation that: |
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(1) imposes a prohibition, restriction, or other |
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regulation that does not exist under the laws of this state; and |
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(2) relates to: |
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(A) a registry requirement for possessing or |
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owning a firearm, a firearm accessory, or ammunition; |
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(B) a requirement that an owner of a firearm, a |
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firearm accessory, or ammunition possess a license as a condition |
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of owning, possessing, or carrying the firearm, firearm accessory, |
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or ammunition; |
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(C) a requirement that a background check be |
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conducted for the private sale or transfer of a firearm, a firearm |
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accessory, or ammunition; |
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(D) a program for confiscating a firearm, a |
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firearm accessory, or ammunition from a person who is not otherwise |
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prohibited by the laws of this state from possessing the firearm, |
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firearm accessory, or ammunition; [or] |
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(E) a program that requires an owner of a |
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firearm, a firearm accessory, or ammunition to sell the firearm, |
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firearm accessory, or ammunition; or |
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(F) a tax, fee, or surcharge imposed only on a |
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firearm, firearm accessory, or ammunition, or only on the sale or |
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transfer of a firearm, firearm accessory, or ammunition. |
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SECTION 2. Subtitle H, Title 10, Government Code, is |
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amended by adding Chapter 2402 to read as follows: |
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CHAPTER 2402. PROTECTION OF RIGHT TO KEEP AND BEAR ARMS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2402.001. DEFINITIONS. In this chapter: |
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(1) "Governmental entity" means: |
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(A) this state; |
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(B) a board, commission, council, department, |
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or other agency in the executive branch of state government that |
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is created by the state constitution or a statute, including an |
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institution of higher education as defined by Section 61.003, |
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Education Code; |
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(C) the legislature or a legislative agency; |
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(D) a state judicial agency or the State Bar of |
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Texas; |
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(E) a political subdivision, including a county, |
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municipality, or special district or authority; or |
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(F) an officer, employee, or agent of an entity |
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described by Paragraphs (A) through (E). |
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(2) "Law-abiding citizen" means an individual who is |
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not otherwise prohibited from possessing a firearm. The term does |
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not include an individual who is not legally authorized to be |
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present in the United States. |
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(3) "Material aid and support" includes voluntarily |
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giving or allowing another person to make use of lodging, |
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communication equipment, or services, including social media |
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accounts, facilities, weapons, personnel, transportation, |
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clothing, or another physical asset. The term does not include: |
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(A) giving or allowing the use of materials |
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necessary to treat physical injuries; or |
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(B) providing assistance to individuals to |
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prevent a serious and present risk of a life-threatening injury. |
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(4) "Peace officer" means an individual described by |
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Article 2A.001, Code of Criminal Procedure. |
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Sec. 2402.002. DUTY TO PROTECT RIGHT TO KEEP AND BEAR ARMS. |
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Courts and law enforcement agencies in this state shall protect the |
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right of law-abiding citizens to keep and bear arms in this state |
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and to protect that right from infringement. |
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SUBCHAPTER B. CIVIL ACTION FOR INFRINGING RIGHT TO KEEP AND BEAR |
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ARMS |
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Sec. 2402.051. CIVIL ACTION. A governmental entity that |
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employs a peace officer who knowingly violates Section 1.10, Penal |
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Code, or otherwise knowingly deprives a law-abiding citizen of this |
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state of the right to keep and bear arms while acting under the |
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color of any state or federal law is liable to the citizen for the |
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damages resulting from the violation or deprivation. |
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Sec. 2402.052. REMEDIES. (a) A prevailing claimant may |
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recover in an action brought under this subchapter: |
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(1) actual damages; |
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(2) statutory damages of $50,000 per occurrence; |
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(3) appropriate equitable relief; and |
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(4) costs and reasonable attorney's fees incurred in |
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bringing the action. |
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(b) Damages under Subsection (a)(2) may not be considered |
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exemplary damages for purposes of Chapter 41, Civil Practice and |
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Remedies Code. |
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Sec. 2402.053. VENUE. A claimant may bring an action under |
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this subchapter in a district court in Travis County or in a county |
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in which the principal office of the governmental entity is |
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located. |
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Sec. 2402.054. PRELIMINARY INJUNCTION HEARING. In an |
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action brought under this subchapter, a court, on its own motion, |
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shall hold a hearing for a preliminary injunction not later than the |
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30th day after the date each defendant is served with process for |
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the action. |
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Sec. 2402.055. WAIVER OF IMMUNITY. A governmental entity's |
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sovereign or governmental immunity to suit and from liability is |
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waived to the extent of liability created by this subchapter. |
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SUBCHAPTER C. ACTION FOR EMPLOYING CERTAIN FORMER FEDERAL |
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OFFICIALS, EMPLOYEES, OR AGENTS |
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Sec. 2402.101. CIVIL ACTION. An individual residing in a |
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governmental entity's jurisdiction may bring an action against the |
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entity if the entity employs an individual who, when the individual |
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was a federal official, employee, or agent: |
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(1) enforced or attempted to enforce a federal |
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statute, order, rule, or regulation described by Section 1.10(b), |
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Penal Code; or |
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(2) gave material aid and support to another person |
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enforcing or attempting to enforce a federal statute, order, rule, |
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or regulation described by Section 1.10(b), Penal Code. |
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Sec. 2402.102. REMEDIES. A prevailing claimant in an |
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action brought under this subchapter may recover: |
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(1) statutory damages of $50,000 for each employee |
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described by Section 2402.101; |
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(2) appropriate equitable relief; and |
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(3) court costs and reasonable attorney's fees |
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incurred in bringing the action. |
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Sec. 2402.103. WAIVER OF IMMUNITY. A governmental entity's |
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sovereign or governmental immunity to suit and from liability is |
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waived to the extent of liability created by this subchapter. |
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SECTION 3. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |