85R1232 LHC-D     By: Hall S.B. No. 93       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting public funds from being used to enforce   certain federal or international laws regulating firearms, firearm   accessories, and firearm ammunition within the State of Texas.          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. GENERAL PROVISIONS RELATING TO USE OF PUBLIC FUNDS          Sec. 2.001.  PROHIBITION ON USE OF PUBLIC FUNDS TO ENFORCE   CERTAIN FEDERAL OR INTERNATIONAL LAWS REGULATING FIREARMS, FIREARM   ACCESSORIES, AND FIREARM AMMUNITION.  (a) In this section:                (1)  "Firearm" has the meaning assigned by Section   46.01, Penal Code.                (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.          (b)  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.          (c)  Notwithstanding any other law, an entity described by   Subsection (b) may not use public funds to enforce a federal   statute, order, rule, or regulation or an international law   purporting to regulate a firearm, a firearm accessory, or firearm   ammunition, or the carrying of those items, if the federal statute,   order, rule, or regulation or international law imposes a   prohibition, restriction, or other regulation, such as a capacity,   size, or configuration limitation, that does not exist under the   laws of this state.          (d)  An entity described by Subsection (b) may not receive   state grant funds if the entity adopts a rule, order, ordinance, or   policy under which the entity requires the enforcement of any   federal statute, order, rule, or regulation or an international law   described by Subsection (c) or if the entity, by consistent   actions, requires the enforcement of any federal statute, order,   rule, or regulation or an international law described by Subsection   (c). 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 intentionally required the enforcement of any   federal statute, order, rule, or regulation or an international law   described by Subsection (c).          (e)  Any citizen residing in the jurisdiction of an entity   described by Subsection (b) 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 requires the enforcement of any federal   statute, order, rule, or regulation or an international law   described by Subsection (c) or that the entity, by consistent   actions, requires the enforcement of any federal statute, order,   rule, or regulation or an international law described by Subsection   (c). The citizen must include with the complaint the evidence the   citizen has that supports the complaint.          (f)  If the attorney general determines that a complaint   filed under Subsection (e) against an entity described by   Subsection (b) is valid, 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 to compel the entity   to comply with Subsection (c).  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.          (h)  The attorney general shall defend any entity described   by Subsection (b) that the federal government attempts to sue or   prosecute for an action or omission consistent with the   requirements of this section.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.