| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the criminal consequences of engaging in certain |
|
|
conduct with respect to certain firearm accessories and prohibiting |
|
|
the enforcement of certain federal laws related to certain firearm |
|
|
accessories. |
|
|
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. ENFORCEMENT OF CERTAIN FEDERAL LAWS PROHIBITED |
|
|
Sec. 2.001. DEFINITIONS. In this chapter: |
|
|
(1) "Firearm" has the meaning assigned by Section |
|
|
46.01, Penal Code. |
|
|
(2) "Firearm suppressor" means any device designed, |
|
|
made, or adapted to muffle the report of a firearm. |
|
|
Sec. 2.002. 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 that purports to regulate a |
|
|
firearm suppressor if the statute, order, rule, or regulation |
|
|
imposes a prohibition, restriction, or other regulation that does |
|
|
not exist under the laws of this state. |
|
|
(c) Except as provided by Subsection (c-1), 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). |
|
|
(c-1) Notwithstanding any other provision of this chapter, |
|
|
a law enforcement officer may enforce a federal statute, order, |
|
|
rule, or regulation described by Subsection (b) if the officer is |
|
|
cooperating with an agent of the federal government as a member of a |
|
|
task force. |
|
|
(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 a federal law described by |
|
|
Subsection (b) or, by consistent action, allows the enforcement of |
|
|
a federal law 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 a federal law described by |
|
|
Subsection (b) or that the entity, by consistent action, allows the |
|
|
enforcement of a federal law described by Subsection (b). The |
|
|
citizen must include with the complaint any evidence the citizen |
|
|
has in support of the complaint. |
|
|
(f) If the attorney general determines that a complaint |
|
|
filed under Subsection (e) against an entity described by |
|
|
Subsection (a) is valid, to compel the entity's compliance with |
|
|
this section 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. 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. |
|
|
SECTION 2. Section 46.05(a), Penal Code, as amended by |
|
|
Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the 85th |
|
|
Legislature, Regular Session, 2017, is reenacted and amended to |
|
|
read as follows: |
|
|
(a) A person commits an offense if the person intentionally |
|
|
or knowingly possesses, manufactures, transports, repairs, or |
|
|
sells: |
|
|
(1) any of the following items, unless the item is |
|
|
registered in the National Firearms Registration and Transfer |
|
|
Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
|
|
Explosives or otherwise not subject to that registration |
|
|
requirement or unless the item is classified as a curio or relic by |
|
|
the United States Department of Justice: |
|
|
(A) an explosive weapon; |
|
|
(B) a machine gun; or |
|
|
(C) a short-barrel firearm; |
|
|
(2) knuckles; |
|
|
(3) armor-piercing ammunition; |
|
|
(4) a chemical dispensing device; |
|
|
(5) a zip gun; |
|
|
(6) a tire deflation device; or |
|
|
(7) [a firearm silencer, unless the firearm silencer
|
|
|
is classified as a curio or relic by the United States Department of
|
|
|
Justice or the actor otherwise possesses, manufactures,
|
|
|
transports, repairs, or sells the firearm silencer in compliance
|
|
|
with federal law
|
|
|
[(7)] an improvised explosive device. |
|
|
SECTION 3. Section 46.05(e), Penal Code, as amended by |
|
|
Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the 85th |
|
|
Legislature, Regular Session, 2017, is reenacted to read as |
|
|
follows: |
|
|
(e) An offense under Subsection (a)(1), (3), (4), (5), or |
|
|
(7) is a felony of the third degree. An offense under Subsection |
|
|
(a)(6) is a state jail felony. An offense under Subsection (a)(2) |
|
|
is a Class A misdemeanor. |
|
|
SECTION 4. Section 46.01(4), Penal Code, is repealed. |
|
|
SECTION 5. To the extent of any conflict, this Act controls |
|
|
over another Act of the 86th Legislature, Regular Session, 2019, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 6. An offense under Section 46.05(a)(7), Penal |
|
|
Code, as added by Chapter 155 (H.B. 1819), Acts of the 85th |
|
|
Legislature, Regular Session, 2017, may not be prosecuted after the |
|
|
effective date of this Act. If on the effective date of this Act a |
|
|
criminal action is pending for an offense described by that |
|
|
subdivision, the action is dismissed on that date. However, a final |
|
|
conviction for an offense described by that subdivision that exists |
|
|
on the effective date of this Act is unaffected by this Act. |
|
|
SECTION 7. This Act takes effect September 1, 2019. |