By: Creighton, et al. (Senate Sponsor - Patrick) H.B. No. 1314

(In the Senate - Received from the House May 7, 2013; May 9, 2013, read first time and referred to Committee on Agriculture, Rural Affairs, and Homeland Security; May 15, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 3, Nays 1; May 15, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 1314 By: Schwertner

A BILL TO BE ENTITLED

AN ACT

relating to the unlawful seizure of a firearm by a governmental officer or employee; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 46, Penal Code, is amended by adding Section 46.16 to read as follows:

Sec. 46.16. UNLAWFUL SEIZURE OF FIREARM. (a) A person who is an officer or employee of the United States, this state, or a political subdivision of this state commits an offense if the person, while acting under color of the person's office or employment, intentionally or knowingly seizes a firearm as permitted or required by a federal statute, order, rule, or regulation that:

(1) imposes a prohibition, restriction, or other regulation on firearms that does not exist under the laws of this state; and

(2) violates the United States Constitution.

(b) For purposes of this section, a person acts under color of the person's office or employment if the person acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.

(c) An offense under this section is a Class A misdemeanor.

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.

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