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.
 
 
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.
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