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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting public funds from being used to enforce |
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certain federal or international laws regulating firearms, firearm |
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accessories, and firearm ammunition within the State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Government Code, is amended by adding |
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Chapter 2 to read as follows: |
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CHAPTER 2. GENERAL PROVISIONS RELATING TO USE OF PUBLIC FUNDS |
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Sec. 2.001. PROHIBITION ON USE OF PUBLIC FUNDS TO ENFORCE |
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CERTAIN FEDERAL OR INTERNATIONAL LAWS REGULATING FIREARMS, FIREARM |
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ACCESSORIES, AND FIREARM AMMUNITION. (a) In this section: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(2) "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 a firearm. The term includes a detachable firearm |
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magazine. |
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(b) This section applies to: |
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(1) the State of Texas, including an agency, |
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department, commission, bureau, board, office, council, court, or |
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other entity that is in any branch of state government and that is |
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created by the constitution or a statute of this state, including a |
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university system or a system of higher education; |
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(2) the governing body of a municipality, county, or |
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special district or authority; |
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(3) an officer, employee, or other body that is part of |
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a municipality, county, or special district or authority, including |
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a sheriff, municipal police department, municipal attorney, or |
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county attorney; and |
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(4) a district attorney or criminal district attorney. |
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(c) Notwithstanding any other law, an entity described by |
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Subsection (b) may not use public funds to enforce a federal |
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statute, order, rule, or regulation or an international law |
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purporting to regulate a firearm, a firearm accessory, or firearm |
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ammunition, or the carrying of those items, if the federal statute, |
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order, rule, or regulation or international law imposes a |
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prohibition, restriction, or other regulation, such as a capacity, |
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size, or configuration limitation, that does not exist under the |
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laws of this state. |
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(d) An entity described by Subsection (b) may not receive |
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state grant funds if the entity adopts a rule, order, ordinance, or |
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policy under which the entity requires the enforcement of any |
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federal statute, order, rule, or regulation or an international law |
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described by Subsection (c) or if the entity, by consistent |
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actions, requires the enforcement of any federal statute, order, |
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rule, or regulation or an international law described by Subsection |
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(c). State grant funds for the entity shall be denied for the |
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fiscal year following the year in which a final judicial |
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determination in an action brought under this section is made that |
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the entity has intentionally required the enforcement of any |
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federal statute, order, rule, or regulation or an international law |
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described by Subsection (c). |
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(e) Any citizen residing in the jurisdiction of an entity |
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described by Subsection (b) may file a complaint with the attorney |
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general if the citizen offers evidence to support an allegation |
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that the entity has adopted a rule, order, ordinance, or policy |
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under which the entity requires the enforcement of any federal |
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statute, order, rule, or regulation or an international law |
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described by Subsection (c) or that the entity, by consistent |
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actions, requires the enforcement of any federal statute, order, |
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rule, or regulation or an international law described by Subsection |
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(c). The citizen must include with the complaint the evidence the |
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citizen has that 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 an entity described by |
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Subsection (b) is valid, the attorney general may file a petition |
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for a writ of mandamus or apply for other appropriate equitable |
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relief in a district court in Travis County or in the county in |
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which the principal office of the entity is located to compel the |
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entity to comply with Subsection (c). The attorney general may |
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recover reasonable expenses incurred in obtaining relief under this |
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subsection, including court costs, reasonable attorney's fees, |
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investigative costs, witness fees, and 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 entity described |
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by Subsection (b) that the federal government attempts to sue or |
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prosecute for an action or omission consistent with the |
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requirements of this section. |
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SECTION 2. 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, 2019. |