By: Toth, Klick, Springer,	H.B. No. 1076
	Bonnen of Brazoria, et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain firearms, firearm accessories and firearm
	ammunition within the State of Texas; providing an exemption from
	federal regulation and providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The Legislature of the State of Texas finds that:
	(1)  The Tenth Amendment to the United States
	Constitution reserves to the states and the people all powers not
	granted to the federal government elsewhere in the constitution, as
	those powers were understood at the time Texas was admitted to
	statehood in 1845.  The guaranty of those powers is a matter of
	contract between the state and people of Texas and the United States
	dating from the time Texas became a state.
	(2)  The Ninth Amendment to the United States
	Constitution guarantees to the people rights not enumerated in the
	constitution, as those rights were understood at the time Texas
	became a state.  The guaranty of those rights is a matter of
	contract between the state and people of Texas and the United States
	dating from the time Texas became a state.
	(3)  The Second Amendment to the United States
	Constitution guarantees the right of the people to keep and bear
	arms, as that right was understood at the time Texas became a state.
	The guaranty of that right is a matter of contract between the state
	and people of Texas and the United States dating from the time Texas
	became a state.
	(4)  Section 23, Article I, Texas Constitution, secures
	to Texas citizens the right to keep and bear arms.  That
	constitutional protection is unchanged from the date the
	constitution was adopted in 1876.
	SECTION 2.  The Penal Code is amended by adding Chapter 40 to
	read as follows:
	Chapter 40.  The Texas Firearm Protection Act
	Sec. 40.01.  This chapter may be cited as the Texas Firearm
	Protection Act.
	Sec. 40.02.  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. 40.03.  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 January 1,
	2013 that purports to regulate a firearm, firearm accessory, or
	firearm ammunition if the statute, order, rule or regulation
	imposes a prohibition, restriction or other regulation, such as
	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 laws described
	by Subsection (b) or, by consistent actions, allows the enforcement
	of any federal laws 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 the federal laws described by
	Subsection (b) or that the entity, by consistent actions, allows
	the enforcement of any laws described by Subsection (b).  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 (a) 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 an entity described by Subsection (a) is
	located to compel the entity that adopts a rule, order, ordinance,
	or policy under which the local entity enforces the laws described
	by Subsection (b) or that, by consistent actions, allows the
	enforcement of the laws described by Subsection (b), to comply with
	this Section.  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)  A person commits an offense if, in the person's official
	capacity as an officer of an entity described by Subsection (a), or
	as a person employed by or otherwise under the direction or control
	of the entity, or under color of law, knowingly enforces or attempts
	to enforce any federal statute, order, rule or regulation described
	by Subsection (b).  An offense under this Subsection is a Class A
	Misdemeanor.
	SECTION 3.  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 shall take effect September 1, 2013.