|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the enforcement of certain federal laws regulating |
|
firearms, firearm accessories, and firearm ammunition within the |
|
State of Texas. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 1, Penal Code, is amended by adding |
|
Section 1.10 to read as follows: |
|
Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING |
|
FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (a) In |
|
this section: |
|
(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 a firearm. The term includes a detachable firearm |
|
magazine. |
|
(b) An agency of this state or a political subdivision of |
|
this state, and a law enforcement officer or other person employed |
|
by an agency of this state or a political subdivision of this state, |
|
may not contract with or in any other manner provide assistance to a |
|
federal agency or official with respect to the enforcement of a |
|
federal statute, order, rule, or regulation purporting to regulate |
|
a firearm, a firearm accessory, or firearm ammunition if the |
|
statute, order, rule, or regulation imposes a prohibition, |
|
restriction, or other regulation, such as a capacity or size |
|
limitation or a registration requirement, that does not exist under |
|
the laws of this state. |
|
(c) A political subdivision of this state may not receive |
|
state grant funds if the political subdivision adopts a rule, |
|
order, ordinance, or policy under which the political subdivision |
|
requires the enforcement of any federal statute, order, rule, or |
|
regulation described by Subsection (b) or, by consistent actions, |
|
requires the enforcement of any federal statute, order, rule, or |
|
regulation described by Subsection (b). State grant funds for the |
|
political subdivision 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 political subdivision |
|
has intentionally required the enforcement of any federal statute, |
|
order, rule, or regulation |
|
described by Subsection (b). |
|
(d) Any citizen residing in the jurisdiction of a political |
|
subdivision of this state may file a complaint with the attorney |
|
general if the citizen offers evidence to support an allegation |
|
that the political subdivision has adopted a rule, order, |
|
ordinance, or policy under which the political subdivision requires |
|
the enforcement of any federal statute, order, rule, or regulation |
|
described by Subsection (b) or that, by consistent actions, |
|
requires the enforcement of any federal statute, order, rule, or |
|
regulation described by Subsection (b). The citizen must include |
|
with the complaint the evidence the citizen has that supports the |
|
complaint. |
|
(e) If the attorney general determines that a complaint |
|
filed under Subsection (d) against a political subdivision of this |
|
state 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 the political subdivision is located to compel |
|
the political subdivision to comply with Subsection (b). 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. |
|
(f) An appeal of a suit brought under Subsection (e) 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. |
|
SECTION 2. 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 takes effect September 1, 2013. |