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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of certain federal laws regulating |
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firearms, firearm accessories, and firearm ammunition within the |
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State of Texas; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Legislature of the State of Texas finds that: |
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(1) The Tenth Amendment to the United States |
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Constitution reserves to the states and the people all powers not |
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granted to the federal government elsewhere in the constitution, as |
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those powers were understood at the time Texas was admitted to |
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statehood in 1845. The guaranty of those powers is a matter of |
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contract between the state and people of Texas and the United States |
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dating from the time Texas became a state. |
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(2) The Ninth Amendment to the United States |
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Constitution guarantees to the people rights not enumerated in the |
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constitution, as those rights were understood at the time Texas |
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became a state. The guaranty of those rights is a matter of |
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contract between the state and people of Texas and the United States |
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dating from the time Texas became a state. |
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(3) The Second Amendment to the United States |
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Constitution guarantees the right of the people to keep and bear |
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arms, as that right was understood at the time Texas became a state. |
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The guaranty of that right is a matter of contract between the state |
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and people of Texas and the United States dating from the time Texas |
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became a state. |
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(4) Section 23, Article I, Texas Constitution, secures |
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to Texas citizens the right to keep and bear arms. That |
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constitutional protection is unchanged from the date the |
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constitution was adopted in 1876. |
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SECTION 2. Title 8, Penal Code, is amended by adding Chapter |
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40 to read as follows: |
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CHAPTER 40. THE TEXAS FIREARM PROTECTION ACT |
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Sec. 40.01. SHORT TITLE. This chapter may be cited as the |
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Texas Firearm Protection Act. |
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Sec. 40.02. DEFINITIONS. In this chapter: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01. |
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(2) "Firearm accessory" means an item that is used in |
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conjunction with or mounted on a firearm but is not essential to the |
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basic function of the firearm. The term includes a detachable |
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firearm magazine. |
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Sec. 40.03. STATE AND LOCAL GOVERNMENT POLICY REGARDING |
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ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) This section applies to: |
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(1) the State of Texas, including an agency, |
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department, commission, bureau, board, office, council, court, or |
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other entity that is in any branch of state government and that is |
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created by the constitution or a statute of this state, including a |
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university system or a system of higher education; |
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(2) the governing body of a municipality, county, or |
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special district or authority; |
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(3) an officer, employee, or other body that is part of |
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a municipality, county, or special district or authority, including |
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a sheriff, municipal police department, municipal attorney, or |
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county attorney; and |
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(4) a district attorney or criminal district attorney. |
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(b) An entity described by Subsection (a) may not adopt a |
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rule, order, ordinance, or policy under which the entity enforces, |
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or by consistent action allows the enforcement of, a federal |
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statute, order, rule, or regulation enacted on or after January 1, |
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2021, that purports to regulate a firearm, a firearm accessory, or |
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firearm ammunition if the statute, order, rule, or regulation |
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imposes a prohibition, restriction, or other regulation, such as a |
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capacity or size limitation, a registration requirement, or a |
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background check, that does not exist under the laws of this state. |
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(c) No entity described by Subsection (a) and no person |
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employed by or otherwise under the direction or control of the |
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entity may enforce or attempt to enforce any federal statute, |
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order, rule, or regulation described by Subsection (b). |
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(d) An entity described by Subsection (a) may not receive |
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state grant funds if the entity adopts a rule, order, ordinance, or |
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policy under which the entity enforces any federal law described by |
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Subsection (b) or, by consistent actions, allows the enforcement of |
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any federal law described by Subsection (b). State grant funds for |
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the entity shall be denied for the fiscal year following the year in |
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which a final judicial determination in an action brought under |
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this section is made that the entity has violated Subsection (b). |
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(e) Any citizen residing in the jurisdiction of an entity |
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described by Subsection (a) may file a complaint with the attorney |
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general if the citizen offers evidence to support an allegation |
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that the entity has adopted a rule, order, ordinance, or policy |
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under which the entity enforces a federal law described by |
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Subsection (b) or that the entity, by consistent actions, allows |
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the enforcement of a law described by Subsection (b). The citizen |
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must include with the complaint any evidence the citizen has in |
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support of the complaint. |
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(f) If the attorney general determines that a complaint |
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filed under Subsection (e) against an entity described by |
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Subsection (a) is valid, to compel the entity's compliance with |
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this section the attorney general may file a petition for a writ of |
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mandamus or apply for other appropriate equitable relief in a |
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district court in Travis County or in a county in which the |
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principal office of the entity is located. The attorney general may |
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recover reasonable expenses incurred in obtaining relief under this |
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subsection, including court costs, reasonable attorney's fees, |
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investigative costs, witness fees, and deposition costs. |
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(g) An appeal of a suit brought under Subsection (f) is |
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governed by the procedures for accelerated appeals in civil cases |
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under the Texas Rules of Appellate Procedure. The appellate court |
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shall render its final order or judgment with the least possible |
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delay. |
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(h) A person commits an offense if, in the person's official |
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capacity as an officer of an entity described by Subsection (a), or |
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as a person employed by or otherwise under the direction or control |
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of the entity, or under color of law, the person knowingly enforces |
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or attempts to enforce any federal statute, order, rule, or |
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regulation described by Subsection (b). An offense under this |
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subsection is a Class A misdemeanor. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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