87R7540 TSS-F
	By: Murr	H.B. No. 3361

	A BILL TO BE ENTITLED
	AN ACT
	relating to the enforcement of certain federal firearm, firearm
	accessory, and firearm ammunition regulations within the State of
	Texas; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act shall be known as the Second Amendment
	Preservation Act.
	SECTION 2.  The Legislature of the State of Texas finds that:
	(1)  The Tenth Amendment to the United States
	Constitution reserves to the states and the people all powers not
	granted to the federal government elsewhere in the constitution, as
	those powers were understood at the time that Texas was admitted to
	statehood in 1845. The guaranty of those powers is a matter of
	contract between the state and people of Texas and the United States
	dating from the time Texas became a state.
	(2)  The Ninth Amendment to the United States
	Constitution guarantees to the people rights not enumerated in the
	constitution, as those rights were understood at the time Texas
	became a state. The guaranty of those rights is a matter of contract
	between the state and people of Texas and the United States dating
	from the time Texas became a state.
	(3)  The regulation of intrastate commerce is vested in
	the states under the Ninth and Tenth Amendments to the United States
	Constitution if not expressly preempted by federal law. The United
	States Congress has not expressly preempted state regulation of
	intrastate commerce relating to the manufacture on an intrastate
	basis of firearms, firearms accessories, and ammunition.
	(4)  The Second Amendment to the United States
	Constitution guarantees the right of the people to keep and bear
	arms, as that right was understood at the time Texas became a state.
	The guaranty of that right is a matter of contract between the state
	and people of Texas and the United States dating from the time Texas
	became a state.
	(5)  Section 23, Article I, Texas Constitution, secures
	to Texas citizens the right to keep and bear arms. That
	constitutional protection is unchanged from the date the
	constitution was adopted in 1876.
	SECTION 3.  The Legislature of the State of Texas declares
	that a firearm, a firearm accessory, or ammunition manufactured in
	Texas, as described by Chapter 2003, Business & Commerce Code, as
	added by this Act, that remains within the borders of Texas:
	(1)  has not traveled in interstate commerce; and
	(2)  is not subject to federal law or federal
	regulation, including registration, under the authority of the
	United States Congress to regulate interstate commerce.
	SECTION 4.  Title 99, Business & Commerce Code, is amended by
	adding Chapter 2003 to read as follows:
	CHAPTER 2003. INTRASTATE MANUFACTURE OF A FIREARM, A FIREARM
	ACCESSORY, OR AMMUNITION
	Sec. 2003.001.  DEFINITIONS. In this chapter:
	(1)  "Firearm accessory" has the meaning assigned by
	Section 40.02, Penal Code.
	(2)  "Generic and insignificant part" means an item
	that has manufacturing or consumer product applications other than
	inclusion in a firearm, a firearm accessory, or ammunition. The
	term includes a spring, screw, nut, and pin.
	(3)  "Manufacture" includes forging, casting,
	machining, or another process for working a material.
	Sec. 2003.002.  MEANING OF "MANUFACTURED IN THIS STATE." (a)
	For the purposes of this chapter, a firearm, a firearm accessory, or
	ammunition is manufactured in this state if the item is
	manufactured:
	(1)  in this state from basic materials; and
	(2)  without the inclusion of any part imported from
	another state other than a generic and insignificant part.
	(b)  For the purposes of this chapter, a firearm is
	manufactured in this state if it is manufactured as described by
	Subsection (a) without regard to whether a firearm accessory
	imported into this state from another state is attached to or used
	in conjunction with it.
	Sec. 2003.003.  NOT SUBJECT TO FEDERAL REGULATION. (a) A
	firearm, a firearm accessory, or ammunition that is manufactured in
	this state and remains in this state is not subject to federal law
	or federal regulation, including registration, under the authority
	of the United States Congress to regulate interstate commerce.
	(b)  A basic material from which a firearm, a firearm
	accessory, or ammunition is manufactured in this state, including
	unmachined steel and unshaped wood, is not a firearm, a firearm
	accessory, or ammunition and is not subject to federal regulation
	under the authority of the United States Congress to regulate
	interstate commerce as if it actually were a firearm, a firearm
	accessory, or ammunition.
	Sec. 2003.004.  EXCEPTIONS. This chapter does not apply to:
	(1)  a firearm that cannot be carried and used by one
	person;
	(2)  a firearm that has a bore diameter greater than 1.5
	inches and that uses smokeless powder and not black powder as a
	propellant;
	(3)  ammunition with a projectile that explodes using
	an explosion of chemical energy after the projectile leaves the
	firearm; or
	(4)  any firearm that is capable of shooting more than
	two shots automatically, without manual reloading, by a single
	function of the trigger.
	Sec. 2003.005.  MARKETING OF FIREARMS. A firearm
	manufactured and sold in this state must have the words "Made in
	Texas" clearly stamped on a central metallic part, such as the
	receiver or frame.
	Sec. 2003.006.  ATTORNEY GENERAL.  On written notification
	to the attorney general by a United States citizen who resides in
	this state of the citizen's intent to manufacture a firearm, a
	firearm accessory, or ammunition to which this chapter applies, the
	attorney general shall seek a declaratory judgment from a federal
	district court in this state that this chapter is consistent with
	the United States Constitution.
	SECTION 5.  Title 8, Penal Code, is amended by adding Chapter
	40 to read as follows:
	CHAPTER 40.  THE TEXAS FIREARM PROTECTION ACT
	Sec. 40.01.  SHORT TITLE.  This chapter may be cited as the
	Texas Firearm Protection Act.
	Sec. 40.02.  DEFINITIONS. In this chapter:
	(1)  "Firearm" has the meaning assigned by Section
	46.01.
	(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 the firearm. The term includes a telescopic or
	laser sight, magazine, flash or sound suppressor, folding or
	aftermarket stock or grip, speedloader, ammunition carrier, and
	light for target illumination.
	Sec. 40.03.  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 enacted on or after January 1,
	2021, that purports to regulate a firearm, a firearm accessory, or
	firearm ammunition if the statute, order, rule, or regulation
	imposes a prohibition, restriction, or other regulation, such as a
	capacity or size limitation, a registration requirement, or a
	background check, that does not exist under the laws of this state.
	(c)  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).
	(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 any federal law described by
	Subsection (b) or, by consistent actions, allows the enforcement of
	any 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 actions, allows
	the enforcement of a 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.
	(h)  A person commits an offense if, in the person's official
	capacity as an officer of an entity described by Subsection (a), or
	as a person employed by or otherwise under the direction or control
	of the entity, or under color of law, the person knowingly enforces
	or attempts to enforce any federal statute, order, rule, or
	regulation described by Subsection (b).  An offense under this
	subsection is a Class A misdemeanor.
	SECTION 6.  Chapter 2003, Business & Commerce Code, as added
	by this Act, applies only to a firearm, a firearm accessory, or
	ammunition that is manufactured on or after the effective date of
	this Act.
	SECTION 7.  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, 2021.