85R609 LHC-D
	By: Krause	H.B. No. 110

	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.  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)  "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.
	(b)  An agency of this state or a political subdivision of
	this state, and 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 purporting to regulate
	a firearm, a firearm accessory, or firearm ammunition if the
	statute, order, rule, or regulation imposes a prohibition,
	restriction, or other regulation, such as a capacity or size
	limitation or a registration requirement, that does not exist under
	the laws of this state.
	(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 August 31, 2017, that
	pertains to border security.
	(d)  A political subdivision of this state may not receive
	state grant funds if the political subdivision adopts a rule,
	order, ordinance, or policy under which the political subdivision
	requires the enforcement of any federal statute, order, rule, or
	regulation described by Subsection (b) or, by consistent actions,
	requires the enforcement of any federal statute, order, rule, or
	regulation described by Subsection (b). State grant 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 intentionally required the enforcement of any federal statute,
	order, rule, or regulation described by Subsection (b).
	(e)  Any citizen residing in the jurisdiction of a political
	subdivision of this state may file a complaint with the attorney
	general if the citizen offers evidence to support an allegation
	that the political subdivision has adopted a rule, order,
	ordinance, or policy under which the political subdivision requires
	the enforcement of any federal statute, order, rule, or regulation
	described by Subsection (b) or that the political subdivision, by
	consistent actions, requires the enforcement of any federal
	statute, order, rule, or regulation described by Subsection (b).
	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 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 that the federal government attempts to sue 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, 2017.