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A BILL TO BE ENTITLED
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AN ACT
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relating to local, state, and federal regulation of firearm |
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suppressors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 1, Government Code, is amended by adding |
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Chapter 2 to read as follows: |
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CHAPTER 2. FIREARM SUPPRESSOR REGULATION |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2.001. DEFINITIONS. In this chapter: |
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(1) "Firearm" has the meaning assigned by Section |
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46.01, Penal Code. |
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(2) "Firearm suppressor" means any device designed, |
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made, or adapted to muffle the report of a firearm. |
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(3) "Generic and insignificant part" means an item |
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that has manufacturing or consumer product applications other than |
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inclusion in a firearm suppressor. The term includes a spring, |
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screw, nut, and pin. |
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(4) "Manufacture" includes forging, casting, |
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machining, or another process for working a material. |
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SUBCHAPTER B. INTRASTATE MANUFACTURE OF FIREARM SUPPRESSOR |
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Sec. 2.051. MEANING OF "MANUFACTURED IN THIS STATE." (a) |
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For the purposes of this subchapter, a firearm suppressor is |
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manufactured in this state if the item is manufactured: |
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(1) in this state from basic materials; and |
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(2) without the inclusion of any part imported from |
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another state other than a generic and insignificant part. |
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(b) For the purposes of this subchapter, a firearm |
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suppressor is manufactured in this state if it is manufactured as |
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described by Subsection (a) without regard to whether a firearm |
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imported into this state from another state is attached to or used |
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in conjunction with the suppressor. |
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Sec. 2.052. NOT SUBJECT TO FEDERAL REGULATION. (a) A |
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firearm suppressor that is manufactured in this state and remains |
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in this state is not subject to federal law or federal regulation, |
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including registration, under the authority of the United States |
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Congress to regulate interstate commerce. |
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(b) A basic material from which a firearm suppressor is |
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manufactured in this state, including unmachined steel, is not a |
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firearm suppressor and is not subject to federal regulation under |
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the authority of the United States Congress to regulate interstate |
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commerce as if it actually were a firearm suppressor. |
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Sec. 2.053. MARKETING OF FIREARM SUPPRESSOR. A firearm |
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suppressor manufactured and sold in this state must have the words |
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"Made in Texas" clearly stamped on it. |
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Sec. 2.054. ATTORNEY GENERAL. On written notification to |
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the attorney general by a United States citizen who resides in this |
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state of the citizen's intent to manufacture a firearm suppressor |
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to which Section 2.052 applies, the attorney general shall seek a |
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declaratory judgment from a federal district court in this state |
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that Section 2.052 is consistent with the United States |
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Constitution. |
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SUBCHAPTER C. ENFORCEMENT OF CERTAIN FEDERAL FIREARMS LAWS |
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PROHIBITED |
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Sec. 2.101. APPLICABILITY. This subchapter applies to: |
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(1) the State of Texas, including an agency, |
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department, commission, bureau, board, office, council, court, or |
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other entity that is in any branch of state government and that is |
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created by the constitution or a statute of this state, including a |
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university system or a system of higher education; |
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(2) the governing body of a municipality, county, or |
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special district or authority; |
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(3) an officer, employee, or other body that is part of |
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a municipality, county, or special district or authority, including |
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a sheriff, municipal police department, municipal attorney, or |
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county attorney; and |
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(4) a district attorney or criminal district attorney. |
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Sec. 2.102. STATE AND LOCAL GOVERNMENT POLICY REGARDING |
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ENFORCEMENT OF FEDERAL FIREARM LAWS. (a) An entity described by |
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Section 2.101 may not adopt a rule, order, ordinance, or policy |
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under which the entity enforces, or by consistent action allows the |
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enforcement of, a federal statute, order, rule, or regulation that |
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purports to regulate a firearm suppressor if the statute, order, |
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rule, or regulation imposes a prohibition, restriction, or other |
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regulation that does not exist under the laws of this state. |
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(b) No entity described by Section 2.101 and no person |
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employed by or otherwise under the direction or control of the |
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entity may enforce or attempt to enforce any federal statute, |
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order, rule, or regulation described by Subsection (a). |
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Sec. 2.103. STATE GRANT FUNDS. (a) An entity described by |
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Section 2.101 may not receive state grant funds if the entity adopts |
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a rule, order, ordinance, or policy under which the entity enforces |
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a federal law described by Section 2.102(a) or, by consistent |
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action, allows the enforcement of a federal law described by |
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Section 2.102(a). |
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(b) State grant funds for the entity shall be denied for the |
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fiscal year following the year in which a final judicial |
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determination in an action brought under this subchapter is made |
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that the entity has violated Section 2.102(a). |
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Sec. 2.104. ENFORCEMENT. (a) Any citizen residing in the |
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jurisdiction of an entity described by Section 2.101 may file a |
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complaint with the attorney general if the citizen offers evidence |
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to support an allegation that the entity has adopted a rule, order, |
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ordinance, or policy under which the entity enforces a federal law |
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described by Section 2.102(a) or that the entity, by consistent |
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action, allows the enforcement of a federal law described by |
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Section 2.102(a). The citizen must include with the complaint any |
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evidence the citizen has in support of the complaint. |
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(b) If the attorney general determines that a complaint |
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filed under Subsection (a) against an entity described by Section |
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2.101 is valid, to compel the entity's compliance with this |
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subchapter the attorney general may file a petition for a writ of |
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mandamus or apply for other appropriate equitable relief in a |
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district court in Travis County or in a county in which the |
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principal office of the entity is located. The attorney general may |
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recover reasonable expenses incurred obtaining relief under this |
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subsection, including court costs, reasonable attorney's fees, |
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investigative costs, witness fees, and deposition costs. |
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(c) An appeal of a suit brought under Subsection (b) is |
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governed by the procedures for accelerated appeals in civil cases |
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under the Texas Rules of Appellate Procedure. The appellate court |
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shall render its final order or judgment with the least possible |
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delay. |
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SECTION 2. Section 46.05(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person intentionally |
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or knowingly possesses, manufactures, transports, repairs, or |
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sells: |
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(1) any of the following items, unless the item is |
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registered in the National Firearms Registration and Transfer |
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Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
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Explosives or otherwise not subject to that registration |
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requirement or unless the item is classified as a curio or relic by |
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the United States Department of Justice: |
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(A) an explosive weapon; |
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(B) a machine gun; or |
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(C) a short-barrel firearm; |
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(2) armor-piercing ammunition; |
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(3) a chemical dispensing device; |
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(4) a zip gun; |
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(5) a tire deflation device; or |
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(6) [a firearm silencer, unless the firearm silencer |
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is classified as a curio or relic by the United States Department of |
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Justice or the actor otherwise possesses, manufactures, |
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transports, repairs, or sells the firearm silencer in compliance |
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with federal law; or |
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[(7)] an improvised explosive device. |
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SECTION 3. Section 46.01(4), Penal Code, is repealed. |
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SECTION 4. Subchapter B, Chapter 2, Government Code, as |
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added by this Act, applies only to a firearm suppressor, as that |
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term is defined by Section 2.001, Government Code, as added by this |
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Act, that is manufactured on or after the effective date of this |
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Act. |
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SECTION 5. An offense under Section 46.05(a)(6), Penal |
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Code, as it existed immediately before the effective date of this |
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Act, may not be prosecuted after the effective date of this Act. If |
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on the effective date of this Act a criminal action is pending for |
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an offense described by that subdivision, the action is dismissed |
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on that date. However, a final conviction for an offense described |
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by that subdivision that exists on the effective date of this Act is |
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unaffected by this Act. |
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SECTION 6. This Act takes effect September 1, 2021. |
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