86R1976 LHC-D
 
  By: Hall S.B. No. 378
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting public funds from being used to enforce
  certain federal or international 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.  Title 1, Government Code, is amended by adding
  Chapter 2 to read as follows:
  CHAPTER 2. GENERAL PROVISIONS RELATING TO USE OF PUBLIC FUNDS
         Sec. 2.001.  PROHIBITION ON USE OF PUBLIC FUNDS TO ENFORCE
  CERTAIN FEDERAL OR INTERNATIONAL LAWS REGULATING FIREARMS, FIREARM
  ACCESSORIES, AND FIREARM AMMUNITION.  (a) In this section:
               (1)  "Firearm" has the meaning assigned by Section
  46.01, Penal Code.
               (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)  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.
         (c)  Notwithstanding any other law, an entity described by
  Subsection (b) may not use public funds to enforce a federal
  statute, order, rule, or regulation or an international law
  purporting to regulate a firearm, a firearm accessory, or firearm
  ammunition, or the carrying of those items, if the federal statute,
  order, rule, or regulation or international law imposes a
  prohibition, restriction, or other regulation, such as a capacity,
  size, or configuration limitation, that does not exist under the
  laws of this state.
         (d)  An entity described by Subsection (b) may not receive
  state grant funds if the entity adopts a rule, order, ordinance, or
  policy under which the entity requires the enforcement of any
  federal statute, order, rule, or regulation or an international law
  described by Subsection (c) or if the entity, by consistent
  actions, requires the enforcement of any federal statute, order,
  rule, or regulation or an international law described by Subsection
  (c). 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 intentionally required the enforcement of any
  federal statute, order, rule, or regulation or an international law
  described by Subsection (c).
         (e)  Any citizen residing in the jurisdiction of an entity
  described by Subsection (b) 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 requires the enforcement of any federal
  statute, order, rule, or regulation or an international law
  described by Subsection (c) or that the entity, by consistent
  actions, requires the enforcement of any federal statute, order,
  rule, or regulation or an international law described by Subsection
  (c). 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 (b) 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 the county in
  which the principal office of the entity is located to compel the
  entity to comply with Subsection (c).  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 entity described
  by Subsection (b) that the federal government attempts to sue or
  prosecute for an action or omission consistent with the
  requirements of this section.
         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, 2019.