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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal consequences of engaging in certain |
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conduct with respect to certain firearm accessories and prohibiting |
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the enforcement of certain federal laws related to certain firearm |
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accessories. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Government Code, is amended by adding |
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Chapter 2 to read as follows: |
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CHAPTER 2. ENFORCEMENT OF CERTAIN FEDERAL LAWS PROHIBITED |
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Sec. 2.001. DEFINITIONS. In this chapter: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(2) "Firearm suppressor" means any device designed, |
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made, or adapted to muffle the report of a firearm. |
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Sec. 2.002. 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 that purports to regulate a |
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firearm suppressor if the statute, order, rule, or regulation |
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imposes a prohibition, restriction, or other regulation that does |
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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 a federal law described by |
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Subsection (b) or, by consistent action, allows the enforcement of |
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a 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 action, allows the |
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enforcement of a federal law described by Subsection (b). The |
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citizen must include with the complaint any evidence the citizen |
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has in 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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SECTION 2. Section 46.05(a), Penal Code, as amended by |
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Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the 85th |
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Legislature, Regular Session, 2017, is reenacted and amended to |
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read as follows: |
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(a) A person commits an offense if the person intentionally |
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or knowingly possesses, manufactures, transports, repairs, or |
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sells: |
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(1) any of the following items, unless the item is |
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registered in the National Firearms Registration and Transfer |
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Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
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Explosives or otherwise not subject to that registration |
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requirement or unless the item is classified as a curio or relic by |
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the United States Department of Justice: |
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(A) an explosive weapon; |
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(B) a machine gun; or |
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(C) a short-barrel firearm; |
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(2) knuckles; |
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(3) armor-piercing ammunition; |
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(4) a chemical dispensing device; |
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(5) a zip gun; |
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(6) a tire deflation device; or |
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(7) [a firearm silencer, unless the firearm silencer
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is classified as a curio or relic by the United States Department of
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Justice or the actor otherwise possesses, manufactures,
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transports, repairs, or sells the firearm silencer in compliance
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with federal law
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[(7)] an improvised explosive device. |
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SECTION 3. Section 46.05(e), Penal Code, as amended by |
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Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the 85th |
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Legislature, Regular Session, 2017, is reenacted to read as |
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follows: |
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(e) An offense under Subsection (a)(1), (3), (4), (5), or |
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(7) is a felony of the third degree. An offense under Subsection |
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(a)(6) is a state jail felony. An offense under Subsection (a)(2) |
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is a Class A misdemeanor. |
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SECTION 4. Section 46.01(4), Penal Code, is repealed. |
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SECTION 5. To the extent of any conflict, this Act controls |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. An offense under Section 46.05(a)(7), Penal |
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Code, as added by Chapter 155 (H.B. 1819), Acts of the 85th |
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Legislature, Regular Session, 2017, may not be prosecuted after the |
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effective date of this Act. If on the effective date of this Act a |
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criminal action is pending for an offense described by that |
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subdivision, the action is dismissed on that date. However, a final |
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conviction for an offense described by that subdivision that exists |
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on the effective date of this Act is unaffected by this Act. |
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SECTION 7. This Act takes effect September 1, 2019. |