87R13635 LHC-F
 
  By: Holland, Paddie, Canales, White, Metcalf, H.B. No. 2622
      et al.
 
  Substitute the following for H.B. No. 2622:
 
  By:  Paddie C.S.H.B. No. 2622
 
 
 
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.  This Act may be cited as the Second Amendment
  Sanctuary State Act.
         SECTION 2.  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)  "Ammunition" has the meaning assigned by Section
  229.001, Local Government Code.
               (2)  "Firearm" has the meaning assigned by Section
  46.01.
               (3)  "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.
               (4)  "State funds" means money appropriated by the
  legislature or money under the control or direction of a state
  agency.
         (b)  Notwithstanding any other law, an agency of this state,
  a political subdivision of this state, or 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 that:
               (1)  imposes a prohibition, restriction, or other
  regulation that does not exist under the laws of this state; and
               (2)  relates to:
                     (A)  a registry requirement for a firearm, a
  firearm accessory, or ammunition;
                     (B)  a requirement that an owner of a firearm, a
  firearm accessory, or ammunition possess a license as a condition
  of owning, possessing, or carrying the firearm, firearm accessory,
  or ammunition;
                     (C)  a requirement that a background check be
  conducted for the private sale or transfer of a firearm, a firearm
  accessory, or ammunition;
                     (D)  a program for confiscating a firearm, a
  firearm accessory, or ammunition from a person who is not otherwise
  prohibited by the laws of this state from possessing the firearm,
  firearm accessory, or ammunition; or
                     (E)  a program that requires an owner of a
  firearm, a firearm accessory, or ammunition to sell the firearm,
  firearm accessory, or ammunition.
         (c)  Subsection (b) does not apply to a contract or agreement
  to provide assistance in the enforcement of a federal statute,
  order, rule, or regulation in effect on January 19, 2021.
         (d)  A political subdivision of this state may not receive
  state funds if the political subdivision enters into a contract or
  adopts a rule, order, ordinance, or policy under which the
  political subdivision requires or assists with the enforcement of
  any federal statute, order, rule, or regulation described by
  Subsection (b) or, by consistent actions, requires or assists with
  the enforcement of any federal statute, order, rule, or regulation
  described by Subsection (b). State 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 required or
  assisted with the enforcement of any federal statute, order, rule,
  or regulation described by Subsection (b).
         (e)  Any individual residing in the jurisdiction of a
  political subdivision of this state may file a complaint with the
  attorney general if the individual offers evidence to support an
  allegation that the political subdivision has entered into a
  contract or adopted a rule, order, ordinance, or policy under which
  the political subdivision requires or assists with the enforcement
  of any federal statute, order, rule, or regulation described by
  Subsection (b) or evidence to support an allegation that the
  political subdivision, by consistent actions, requires or assists
  with the enforcement of any federal statute, order, rule, or
  regulation described by Subsection (b). The individual must
  include with the complaint the evidence the individual has that
  supports the complaint.
         (f)  If the attorney general determines that a complaint
  filed under Subsection (e) 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.
         (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)  The attorney general shall defend any agency of this
  state in a suit brought against the agency by the federal government
  for an action or omission consistent with the requirements of this
  section.
         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 takes effect September 1, 2021.