A BILL TO BE ENTITLED

AN ACT

relating to certain firearms, firearm accessories and firearm

ammunition within the State of Texas; providing an exemption from

federal regulation and providing penalties.

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

SECTION 1. The Legislature of the State of Texas finds that:

(1) The Tenth Amendment to the United States

Constitution reserves to the states and the people all powers not

granted to the federal government elsewhere in the constitution, as

those powers were understood at the time Texas was admitted to

statehood in 1845. The guaranty of those powers is a matter of

contract between the state and people of Texas and the United States

dating from the time Texas became a state.

(2) The Ninth Amendment to the United States

Constitution guarantees to the people rights not enumerated in the

constitution, as those rights were understood at the time Texas

became a state. The guaranty of those rights is a matter of

contract between the state and people of Texas and the United States

dating from the time Texas became a state.

(3) The Second Amendment to the United States

Constitution guarantees the right of the people to keep and bear

arms, as that right was understood at the time Texas became a state.

The guaranty of that right is a matter of contract between the state

and people of Texas and the United States dating from the time Texas

became a state.

(4) Section 23, Article I, Texas Constitution, secures

to Texas citizens the right to keep and bear arms. That

constitutional protection is unchanged from the date the

constitution was adopted in 1876.

SECTION 2. The Penal Code is amended by adding Chapter 40 to

read as follows:

Chapter 40. The Texas Firearm Protection Act

Sec. 40.01. This chapter may be cited as the Texas Firearm

Protection Act.

Sec. 40.02. Definitions. In this chapter:

(1) "Firearm" has the meaning assigned by Section

46.01.

(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.

Sec. 40.03. STATE AND LOCAL GOVERNMENT POLICY REGARDING

ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) 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.

(b) An entity described by Subsection (a) may not adopt a

rule, order, ordinance, or policy under which the entity enforces,

or by consistent action allows the enforcement of, a federal

statute, order, rule or regulation enacted on or after January 1,

2013 that purports to regulate a firearm, firearm accessory, or

firearm ammunition if the statute, order, rule or regulation

imposes a prohibition, restriction or other regulation, such as

capacity or size limitation, a registration requirement or a

background check, that does not exist under the laws of this state.

(c) No entity described by Subsection (a) and no person

employed by or otherwise under the direction or control of the

entity may enforce or attempt to enforce any federal statute,

order, rule or regulation described by Subsection (b).

(d) An entity described by Subsection (a) may not receive

state grant funds if the entity adopts a rule, order, ordinance, or

policy under which the entity enforces any federal laws described

by Subsection (b) or, by consistent actions, allows the enforcement

of any federal laws described by Subsection (b). 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 violated Subsection

(b).

(e) Any citizen residing in the jurisdiction of an entity

described by Subsection (a) 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 enforces the federal laws described by

Subsection (b) or that the entity, by consistent actions, allows

the enforcement of any laws described by Subsection (b). The

citizen must include with the complaint the evidence the citizen

had that supports the complaint.

(f) If the attorney general determines that a complaint

filed under Subsection (e) against an entity described by

Subsection (a) 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 an entity described by Subsection (a) is

located to compel the entity that adopts a rule, order, ordinance,

or policy under which the local entity enforces the laws described

by Subsection (b) or that, by consistent actions, allows the

enforcement of the laws described by Subsection (b), to comply with

this Section. 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) A person commits an offense if, in the person's official

capacity as an officer of an entity described by Subsection (a), or

as a person employed by or otherwise under the direction or control

of the entity, or under color of law, knowingly enforces or attempts

to enforce any federal statute, order, rule or regulation described

by Subsection (b). An offense under this Subsection is a Class A

Misdemeanor.

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