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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Second Amendment |
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Sanctuary State Act. |
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SECTION 2. Chapter 1, Penal Code, is amended by adding |
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Section 1.10 to read as follows: |
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Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING |
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FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (a) In |
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this section: |
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(1) "Ammunition" has the meaning assigned by Section |
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229.001, Local Government Code. |
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(2) "Firearm" has the meaning assigned by Section |
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46.01. |
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(3) "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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(4) "State funds" means money appropriated by the |
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legislature or money under the control or direction of a state |
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agency. |
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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 a firearm, a |
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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. |
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(c) Subsection (b) does not apply to a contract or agreement |
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to provide assistance in the enforcement of a federal statute, |
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order, rule, or regulation in effect on January 19, 2021. |
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(d) A political subdivision of this state may not receive |
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state funds if the political subdivision enters into a contract or |
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adopts a rule, order, ordinance, or policy under which the |
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political subdivision requires or assists with the enforcement of |
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any federal statute, order, rule, or regulation described by |
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Subsection (b) or, by consistent actions, requires or assists with |
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the enforcement of any federal statute, order, rule, or regulation |
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described by Subsection (b). State funds for the political |
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subdivision shall be denied for the fiscal year following the year |
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in which a final judicial determination in an action brought under |
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this section is made that the political subdivision has required or |
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assisted with the enforcement of any federal statute, order, rule, |
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or regulation described by Subsection (b). |
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(e) Any individual residing in the jurisdiction of a |
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political subdivision of this state may file a complaint with the |
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attorney general if the individual offers evidence to support an |
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allegation that the political subdivision has entered into a |
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contract or adopted a rule, order, ordinance, or policy under which |
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the political subdivision requires or assists with the enforcement |
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of any federal statute, order, rule, or regulation described by |
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Subsection (b) or evidence to support an allegation that the |
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political subdivision, by consistent actions, requires or assists |
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with the enforcement of any federal statute, order, rule, or |
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regulation described by Subsection (b). The individual must |
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include with the complaint the evidence the individual has that |
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supports the complaint. |
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(f) If the attorney general determines that a complaint |
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filed under Subsection (e) against a political subdivision of this |
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state is valid, the attorney general may file a petition for a writ |
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of 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 political subdivision is located to compel |
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the political subdivision to comply with Subsection (b). The |
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attorney general may recover reasonable expenses incurred in |
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obtaining relief under this subsection, including court costs, |
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reasonable attorney's fees, investigative costs, witness fees, and |
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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) The attorney general shall defend any agency of this |
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state in a suit brought against the agency by the federal government |
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for an action or omission consistent with the requirements of this |
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section. |
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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. |