By: Holland, et al. (Senate Sponsor - Hall)	H.B. No. 2622
	(In the Senate - Received from the House May 3, 2021;
	May 10, 2021, read first time and referred to Committee on State
	Affairs; May 19, 2021, reported favorably by the following vote:
	Yeas 6, Nays 2; May 19, 2021, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to the enforcement of certain federal 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.  This Act may be cited as the Second Amendment
	Sanctuary State Act.
	SECTION 2.  Chapter 1, Penal Code, is amended by adding
	Section 1.10 to read as follows:
	Sec. 1.10.  ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING
	FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION.  (a) In
	this section:
	(1)  "Ammunition" has the meaning assigned by Section
	229.001, Local Government Code.
	(2)  "Firearm" has the meaning assigned by Section
	46.01.
	(3)  "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 detachable
	firearm magazine.
	(4)  "State funds" means money appropriated by the
	legislature or money under the control or direction of a state
	agency.
	(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 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.
	(c)  Subsection (b) does not apply to a contract or agreement
	to provide assistance in the enforcement of a federal statute,
	order, rule, or regulation in effect on January 19, 2021.
	(d)  A political subdivision of this state may not receive
	state funds if the political subdivision enters into a contract or
	adopts a rule, order, ordinance, or policy under which the
	political subdivision requires or assists with the enforcement of
	any federal statute, order, rule, or regulation described by
	Subsection (b) or, by consistent actions, requires or assists with
	the enforcement of any federal statute, order, rule, or regulation
	described by Subsection (b). State funds for the political
	subdivision 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 political subdivision has required or
	assisted with the enforcement of any federal statute, order, rule,
	or regulation described by Subsection (b).
	(e)  Any individual residing in the jurisdiction of a
	political subdivision of this state may file a complaint with the
	attorney general if the individual offers evidence to support an
	allegation that the political subdivision has entered into a
	contract or adopted a rule, order, ordinance, or policy under which
	the political subdivision requires or assists with the enforcement
	of any federal statute, order, rule, or regulation described by
	Subsection (b) or evidence to support an allegation that the
	political subdivision, by consistent actions, requires or assists
	with the enforcement of any federal statute, order, rule, or
	regulation described by Subsection (b). The individual must
	include with the complaint the evidence the individual has that
	supports the complaint.
	(f)  If the attorney general determines that a complaint
	filed under Subsection (e) against a political subdivision of this
	state 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 political subdivision is located to compel
	the political subdivision to comply with Subsection (b).  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 agency of this
	state in a suit brought against the agency by the federal government
	for an action or omission consistent with the requirements of this
	section.
	SECTION 3.  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.
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