83S10021 PEP-F
 
  By: Toth H.B. No. 12
 
 
 
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, a 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 B 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 takes effect on the 91st day after the last day of the
  legislative session.