Bill Text: TX HB2282 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to district and county attorney counsel in federal enforcement of laws regulating firearms, firearm accessories, and firearm ammunitions within the State of Texas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to State Affairs [HB2282 Detail]
Download: Texas-2021-HB2282-Introduced.html
| By: Toth | H.B. No. 2282 | |
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| relating to district and county attorney counsel in federal | ||
| enforcement of laws regulating firearms, firearm accessories, and | ||
| firearm ammunitions within the State of Texas. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 2.08, Code of Criminal Procedure, is | ||
| amended by adding new subsection (c) to read as follows: | ||
| Art. 2.08. DISQUALIFIED. (a) District and county | ||
| attorneys shall not be of counsel adversely to the State in any | ||
| case, in any court, nor shall they, after they cease to be such | ||
| officers, be of counsel adversely to the State in any case in which | ||
| they have been of counsel for the State. | ||
| (b) A judge of a court in which a district or county attorney | ||
| represents the State shall declare the district or county attorney | ||
| disqualified for purposes of Article 2.07 on a showing that the | ||
| attorney is the subject of a criminal investigation by a law | ||
| enforcement agency if that investigation is based on credible | ||
| evidence of criminal misconduct for an offense that is within the | ||
| attorney's authority to prosecute. A disqualification under this | ||
| subsection applies only to the attorney's access to the criminal | ||
| investigation pending against the attorney and to any prosecution | ||
| of a criminal charge resulting from that investigation. | ||
| (c) In this section: | ||
| (1) "Firearm" has the meaning assigned in 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. | ||
| (d) District and county attorneys shall not be of counsel in | ||
| federal court for any action involving enforcement of a federal | ||
| statute, order, rule, or regulation purporting to regulate a | ||
| firearm, a firearm accessory, or firearm ammunition. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
