|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the enforcement of certain federal 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. This Act may be cited as the Second Amendment |
|
Sanctuary State Act. |
|
SECTION 2. Chapter 1, Penal Code, is amended by adding |
|
Section 1.10 to read as follows: |
|
Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING |
|
FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (a) In |
|
this section: |
|
(1) "Ammunition" has the meaning assigned by Section |
|
229.001, Local Government Code. |
|
(2) "Firearm" has the meaning assigned by Section |
|
46.01. |
|
(3) "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. |
|
(4) "State funds" means money appropriated by the |
|
legislature or money under the control or direction of a state |
|
agency. |
|
(b) Notwithstanding any other law, an agency of this state, |
|
a political subdivision of this state, or a law enforcement officer |
|
or other person employed by an agency of this state or a political |
|
subdivision of this state may not contract with or in any other |
|
manner provide assistance to a federal agency or official with |
|
respect to the enforcement of a federal statute, order, rule, or |
|
regulation that: |
|
(1) imposes a prohibition, restriction, or other |
|
regulation that does not exist under the laws of this state; and |
|
(2) relates to: |
|
(A) a registry requirement for a firearm, a |
|
firearm accessory, or ammunition; |
|
(B) a requirement that an owner of a firearm, a |
|
firearm accessory, or ammunition possess a license as a condition |
|
of owning, possessing, or carrying the firearm, firearm accessory, |
|
or ammunition; |
|
(C) a requirement that a background check be |
|
conducted for the private sale or transfer of a firearm, a firearm |
|
accessory, or ammunition; |
|
(D) a program for confiscating a firearm, a |
|
firearm accessory, or ammunition from a person who is not otherwise |
|
prohibited by the laws of this state from possessing the firearm, |
|
firearm accessory, or ammunition; or |
|
(E) a program that requires an owner of a |
|
firearm, a firearm accessory, or ammunition to sell the firearm, |
|
firearm accessory, or ammunition. |
|
(c) Subsection (b) does not apply to a contract or agreement |
|
to provide assistance in the enforcement of a federal statute, |
|
order, rule, or regulation in effect on January 19, 2021. |
|
(d) A political subdivision of this state may not receive |
|
state funds if the political subdivision enters into a contract or |
|
adopts a rule, order, ordinance, or policy under which the |
|
political subdivision requires or assists with the enforcement of |
|
any federal statute, order, rule, or regulation described by |
|
Subsection (b) or, by consistent actions, requires or assists with |
|
the enforcement of any federal statute, order, rule, or regulation |
|
described by Subsection (b). State funds for the political |
|
subdivision 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 political subdivision has required or |
|
assisted with the enforcement of any federal statute, order, rule, |
|
or regulation described by Subsection (b). |
|
(e) Any individual residing in the jurisdiction of a |
|
political subdivision of this state may file a complaint with the |
|
attorney general if the individual offers evidence to support an |
|
allegation that the political subdivision has entered into a |
|
contract or adopted a rule, order, ordinance, or policy under which |
|
the political subdivision requires or assists with the enforcement |
|
of any federal statute, order, rule, or regulation described by |
|
Subsection (b) or evidence to support an allegation that the |
|
political subdivision, by consistent actions, requires or assists |
|
with the enforcement of any federal statute, order, rule, or |
|
regulation described by Subsection (b). The individual must |
|
include with the complaint the evidence the individual has that |
|
supports the complaint. |
|
(f) If the attorney general determines that a complaint |
|
filed under Subsection (e) against a political subdivision of this |
|
state 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 the political subdivision is located to compel |
|
the political subdivision to comply with Subsection (b). 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 agency of this |
|
state in a suit brought against the agency by the federal government |
|
for an action or omission consistent with the requirements of this |
|
section. |
|
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 September 1, 2021. |
|
|
|
* * * * * |