Bill Text: TX HB2286 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: 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.
Spectrum: Strong Partisan Bill (Republican 17-1)
Status: (Engrossed - Dead) 2019-05-14 - Referred to State Affairs [HB2286 Detail]
Download: Texas-2019-HB2286-Engrossed.html
By: Oliverson, Nevárez, Springer, Phelan, | H.B. No. 2286 | |
Toth, et al. |
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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) [ |
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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. |