H.B. No. 957

	AN ACT
	relating to local, state, and federal regulation of firearm
	suppressors.
	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. FIREARM SUPPRESSOR REGULATION
	SUBCHAPTER A. GENERAL PROVISIONS
	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.
	(3)  "Generic and insignificant part" means an item
	that has manufacturing or consumer product applications other than
	inclusion in a firearm suppressor.  The term includes a spring,
	screw, nut, and pin.
	(4)  "Manufacture" includes forging, casting,
	machining, or another process for working a material.
	SUBCHAPTER B. INTRASTATE MANUFACTURE OF FIREARM SUPPRESSOR
	Sec. 2.051.  MEANING OF "MANUFACTURED IN THIS STATE."  (a)
	For the purposes of this subchapter, a firearm suppressor is
	manufactured in this state if the item is manufactured:
	(1)  in this state from basic materials; and
	(2)  without the inclusion of any part imported from
	another state other than a generic and insignificant part.
	(b)  For the purposes of this subchapter, a firearm
	suppressor is manufactured in this state if it is manufactured as
	described by Subsection (a) without regard to whether a firearm
	imported into this state from another state is attached to or used
	in conjunction with the suppressor.
	Sec. 2.052.  NOT SUBJECT TO FEDERAL REGULATION. (a)  A
	firearm suppressor that is manufactured in this state and remains
	in this state is not subject to federal law or federal regulation,
	including registration, under the authority of the United States
	Congress to regulate interstate commerce.
	(b)  A basic material from which a firearm suppressor is
	manufactured in this state, including unmachined steel, is not a
	firearm suppressor and is not subject to federal regulation under
	the authority of the United States Congress to regulate interstate
	commerce as if it actually were a firearm suppressor.
	Sec. 2.053.  MARKETING OF FIREARM SUPPRESSOR. A firearm
	suppressor manufactured and sold in this state must have the words
	"Made in Texas" clearly stamped on it.
	Sec. 2.054.  ATTORNEY GENERAL. On written notification to
	the attorney general by a United States citizen who resides in this
	state of the citizen's intent to manufacture a firearm suppressor
	to which Section 2.052 applies, the attorney general shall seek a
	declaratory judgment from a federal district court in this state
	that Section 2.052 is consistent with the United States
	Constitution.
	SUBCHAPTER C. ENFORCEMENT OF CERTAIN FEDERAL FIREARMS LAWS
	PROHIBITED
	Sec. 2.101.  APPLICABILITY.  This subchapter 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.
	Sec. 2.102.  STATE AND LOCAL GOVERNMENT POLICY REGARDING
	ENFORCEMENT OF FEDERAL FIREARM LAWS.  (a)  An entity described by
	Section 2.101 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.
	(b)  No entity described by Section 2.101 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 (a).
	Sec. 2.103.  STATE GRANT FUNDS.  (a)  An entity described by
	Section 2.101 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 Section 2.102(a) or, by consistent
	action, allows the enforcement of a federal law described by
	Section 2.102(a).
	(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 subchapter is made
	that the entity has violated Section 2.102(a).
	Sec. 2.104.  ENFORCEMENT.  (a)  Any citizen residing in the
	jurisdiction of an entity described by Section 2.101 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 Section 2.102(a) or that the entity, by consistent
	action, allows the enforcement of a federal law described by
	Section 2.102(a).  The citizen must include with the complaint any
	evidence the citizen has in support of the complaint.
	(b)  If the attorney general determines that a complaint
	filed under Subsection (a) against an entity described by Section
	2.101 is valid, to compel the entity's compliance with this
	subchapter 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 obtaining relief under this
	subsection, including court costs, reasonable attorney's fees,
	investigative costs, witness fees, and deposition costs.
	(c)  An appeal of a suit brought under Subsection (b) 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, is 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)  armor-piercing ammunition;
	(3)  a chemical dispensing device;
	(4)  a zip gun;
	(5)  a tire deflation device; or
	(6)  [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; or
	[(7)] an improvised explosive device.
	SECTION 3.  Section 46.01(4), Penal Code, is repealed.
	SECTION 4.  Subchapter B, Chapter 2, Government Code, as
	added by this Act, applies only to a firearm suppressor, as that
	term is defined by Section 2.001, Government Code, as added by this
	Act, that is manufactured on or after the effective date of this
	Act.
	SECTION 5.  An offense under Section 46.05(a)(6), Penal
	Code, as it existed immediately before the effective date of this
	Act, 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 6.  This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 957 was passed by the House on May 4,
	2021, by the following vote:  Yeas 95, Nays 51, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 957 was passed by the Senate on May
	22, 2021, by the following vote:  Yeas 18, Nays 13.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor