85R1232 LHC-D
	By: Hall	S.B. No. 93

	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 a 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, 2017.