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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of certain federal laws regulating |
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firearms, firearm accessories, and firearm ammunition within the |
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State of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Penal Code, is amended by adding |
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Section 1.10 to read as follows: |
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Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING |
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FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (a) In |
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this section: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01. |
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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) An agency of this state or a political subdivision of |
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this state, and a law enforcement officer or other person employed |
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by an agency of this state or a political subdivision of this state, |
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may not contract with or in any other manner provide assistance to a |
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federal agency or official with respect to the enforcement of a |
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federal statute, order, rule, or regulation purporting to regulate |
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a firearm, a firearm accessory, or firearm ammunition if the |
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statute, order, rule, or regulation imposes a prohibition, |
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restriction, or other regulation, such as a capacity or size |
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limitation or a registration requirement, that does not exist under |
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the laws of this state. |
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(c) Subsection (b) does not apply to a contract or agreement |
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to provide assistance in the enforcement of a federal statute, |
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order, rule, or regulation in effect on January 19, 2021. |
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(d) A political subdivision of this state may not receive |
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state grant funds if the political subdivision adopts a rule, |
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order, ordinance, or policy under which the political subdivision |
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requires the enforcement of any federal statute, order, rule, or |
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regulation described by Subsection (b) or, by consistent actions, |
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requires the enforcement of any federal statute, order, rule, or |
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regulation described by Subsection (b). State grant funds for the |
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political subdivision shall be denied for the fiscal year following |
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the year in which a final judicial determination in an action |
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brought under this section is made that the political subdivision |
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has intentionally required the enforcement of any federal statute, |
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order, rule, or regulation described by Subsection (b). |
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(e) Any citizen residing in the jurisdiction of a political |
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subdivision of this state 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 political subdivision has adopted a rule, order, |
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ordinance, or policy under which the political subdivision requires |
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the enforcement of any federal statute, order, rule, or regulation |
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described by Subsection (b) or an allegation that the political |
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subdivision, by consistent actions, requires the enforcement of any |
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federal statute, order, rule, or regulation described by Subsection |
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(b). 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 a political subdivision of this |
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state is valid, the attorney general may file a petition for a writ |
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of mandamus or apply for other appropriate equitable relief in a |
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district court in Travis County or in a county in which the |
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principal office of the political subdivision is located to compel |
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the political subdivision to comply with Subsection (b). The |
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attorney general may recover reasonable expenses incurred in |
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obtaining relief under this subsection, including court costs, |
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reasonable attorney's fees, investigative costs, witness fees, and |
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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 agency of this |
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state that the federal government attempts to sue for an action or |
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omission consistent with the 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, 2021. |