89R5479 JDK-D     By: Hopper H.B. No. 3934       A BILL TO BE ENTITLED   AN ACT   relating to governmental action that infringes on the right to keep   and bear arms in this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.10(b), Penal Code, is amended to read   as follows:          (b)  Notwithstanding any other law, an agency of this state,   a political subdivision of this state, or a law enforcement officer   or other person employed by an agency of this state or a political   subdivision of this state may not contract with or in any other   manner provide assistance to a federal agency or official with   respect to the enforcement of a federal statute, order, rule, or   regulation that:                (1)  imposes a prohibition, restriction, or other   regulation that does not exist under the laws of this state; and                (2)  relates to:                      (A)  a registry requirement for possessing or   owning a firearm, a firearm accessory, or ammunition;                      (B)  a requirement that an owner of a firearm, a   firearm accessory, or ammunition possess a license as a condition   of owning, possessing, or carrying the firearm, firearm accessory,   or ammunition;                      (C)  a requirement that a background check be   conducted for the private sale or transfer of a firearm, a firearm   accessory, or ammunition;                      (D)  a program for confiscating a firearm, a   firearm accessory, or ammunition from a person who is not otherwise   prohibited by the laws of this state from possessing the firearm,   firearm accessory, or ammunition; [or]                      (E)  a program that requires an owner of a   firearm, a firearm accessory, or ammunition to sell the firearm,   firearm accessory, or ammunition; or                       (F)  a tax, fee, or surcharge imposed only on a   firearm, firearm accessory, or ammunition, or only on the sale or   transfer of a firearm, firearm accessory, or ammunition.          SECTION 2.  Subtitle H, Title 10, Government Code, is   amended by adding Chapter 2402 to read as follows:   CHAPTER 2402.  PROTECTION OF RIGHT TO KEEP AND BEAR ARMS   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 2402.001.  DEFINITIONS. In this chapter:                (1)  "Governmental entity" means:                      (A)  this state;                      (B)  a board, commission, council, department,   or  other agency in the executive branch of state government that   is created by the state constitution or a statute, including an   institution of higher education as defined by Section 61.003,   Education Code;                      (C)  the legislature or a legislative agency;                      (D)  a state judicial agency or the State Bar of   Texas;                      (E)  a political subdivision, including a county,   municipality, or special district or authority; or                      (F)  an officer, employee, or agent of an entity   described by Paragraphs (A) through (E).                (2)  "Law-abiding citizen" means an individual who is   not otherwise prohibited from possessing a firearm. The term does   not include an individual who is not legally authorized to be   present in the United States.                (3)  "Material aid and support" includes voluntarily   giving or allowing another person to make use of lodging,   communication equipment, or services, including social media   accounts, facilities, weapons, personnel, transportation,   clothing, or another physical asset. The term does not include:                      (A)  giving or allowing the use of materials   necessary to treat physical injuries; or                      (B)  providing assistance to individuals to   prevent a serious and present risk of a life-threatening injury.                (4)  "Peace officer" means an individual described by   Article 2A.001, Code of Criminal Procedure.          Sec. 2402.002.  DUTY TO PROTECT RIGHT TO KEEP AND BEAR ARMS.   Courts and law enforcement agencies in this state shall protect the   right of law-abiding citizens to keep and bear arms in this state   and to protect that right from infringement.   SUBCHAPTER B. CIVIL ACTION FOR INFRINGING RIGHT TO KEEP AND BEAR   ARMS          Sec. 2402.051.  CIVIL ACTION. A governmental entity that   employs a peace officer who knowingly violates Section 1.10, Penal   Code, or otherwise knowingly deprives a law-abiding citizen of this   state of the right to keep and bear arms while acting under the   color of any state or federal law is liable to the citizen for the   damages resulting from the violation or deprivation.          Sec. 2402.052.  REMEDIES. (a)  A prevailing claimant may   recover in an action brought under this subchapter:                (1)  actual damages;                 (2)  statutory damages of $50,000 per occurrence;                 (3)  appropriate equitable relief; and                (4)  costs and reasonable attorney's fees incurred in   bringing the action.          (b)  Damages under Subsection (a)(2) may not be considered   exemplary damages for purposes of Chapter 41, Civil Practice and   Remedies Code.          Sec. 2402.053.  VENUE. A claimant may bring an action under   this subchapter in a district court in Travis County or in a county   in which the principal office of the governmental entity is   located.          Sec. 2402.054.  PRELIMINARY INJUNCTION HEARING. In an   action brought under this subchapter, a court, on its own motion,   shall hold a hearing for a preliminary injunction not later than the   30th day after the date each defendant is served with process for   the action.          Sec. 2402.055.  WAIVER OF IMMUNITY. A governmental entity's   sovereign or governmental immunity to suit and from liability is   waived to the extent of liability created by this subchapter.   SUBCHAPTER C. ACTION FOR EMPLOYING CERTAIN FORMER FEDERAL   OFFICIALS, EMPLOYEES, OR AGENTS          Sec. 2402.101.  CIVIL ACTION. An individual residing in a   governmental entity's jurisdiction may bring an action against the   entity if the entity employs an individual who, when the individual   was a federal official, employee, or agent:                 (1)  enforced or attempted to enforce a federal   statute, order, rule, or regulation described by Section 1.10(b),   Penal Code; or                (2)  gave material aid and support to another person   enforcing or attempting to enforce a federal statute, order, rule,   or regulation described by Section 1.10(b), Penal Code.          Sec. 2402.102.  REMEDIES. A prevailing claimant in an   action brought under this subchapter may recover:                (1)  statutory damages of $50,000 for each employee   described by Section 2402.101;                (2)  appropriate equitable relief; and                (3)  court costs and reasonable attorney's fees   incurred in bringing the action.          Sec. 2402.103.  WAIVER OF IMMUNITY. A governmental entity's   sovereign or governmental immunity to suit and from liability is   waived to the extent of liability created by this subchapter.          SECTION 3.  The changes in law made by this Act apply only to   a cause of action that accrues on or after the effective date of   this Act.          SECTION 4.  This Act takes effect September 1, 2025.