Dutton Firearms Bill Bans Transfers, Except In A Locked Container

The text as introduced · 6,290 words

89R11474 SCL-F

By: Dutton
H.B. No. 2241

A BILL TO BE ENTITLED

AN ACT

relating to firearms; authorizing a private civil right of action.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) The legislature finds and declares that the

proliferation of assault weapons, .50 caliber rifles, and

unserialized firearms poses a threat to the health, safety, and

security of all residents of, and visitors to, this state. All

Texans are directly harmed by the proliferation of these weapons,

and this state has a compelling interest in protecting its citizens

from gun violence and from intimidation by persons brandishing

these weapons. Further, this state has a compelling interest in

enabling law enforcement authorities to trace firearms used,

manufactured, distributed, or transported unlawfully.

(b) The legislature further finds and declares that the

proliferation of firearms to and among young people poses a threat

to the health, safety, and security of all residents of, and

visitors to, this state. Firearms are especially dangerous in the

hands of young people because current research and scientific

evidence show that young people are more impulsive, more likely to

engage in risky and reckless behavior, unduly influenced by peer

pressure, motivated more by rewards than costs or negative

consequences, less likely to consider the future consequences of

their actions and decisions, and less able to control themselves in

emotionally arousing situations. In recognition of these facts, the

legislature has previously prohibited certain transfers of

firearms to a person under 18 years of age. This state has a

compelling interest in further restricting the proliferation of

firearms among those under 21 years of age.

(c) The legislature finds restricting assault weapons is

necessary based on a finding that each assault weapon has such a

high rate of fire and capacity for firepower that the weapon's

function as a legitimate sports or recreational firearm is

substantially outweighed by the danger that the weapon can be used

to kill and injure human beings. The legislature also finds

restricting .50 caliber rifles is necessary based on a finding that

the weapons pose a clear and present threat to the health, safety,

and security of all residents of, and visitors to, this state

because those firearms have such a high capacity for long-distance

and highly destructive firepower that they pose an unacceptable

risk of death and serious injury of human beings, and destruction or

serious damage of vital public and private buildings, civilian,

police, and military vehicles, power generation and transmission

facilities, petrochemical production and storage facilities, and

transportation infrastructure. The legislature further finds and

declares that the manufacture, distribution, transport,

importation, and sale of unserialized firearms pose a threat to the

health, safety, and security of all residents of, and visitors to,

this state and impede law enforcement activities, and that the

manufacture, distribution, transport, importation, and sale of

firearm precursor parts and kits are contributing to the

proliferation of unserialized firearms in this state.

(d) It is the intent of the legislature in enacting this Act

to further restrict in this state the manufacture, distribution,

transportation, importation, sale, loan, and transfer of assault

weapons, .50 caliber rifles, and unserialized firearms and further

restrict the proliferation of firearms to and among those under 21

years of age by creating new civil law prohibitions and a civil

enforcement mechanism, independent of existing law. This Act may

not be construed to limit in any way the enforceability of existing

laws concerning firearms, including Chapter 46, Penal Code.

(e) The legislature has defined "assault weapon" to include

the types, series, and models listed in the definition of that term

because it is the most effective way to identify and restrict a

specific class of semiautomatic weapons. The legislature finds a

significant public purpose in exempting from the definition of

"assault weapon" pistols that are designed expressly for use in

Olympic target shooting events. Therefore, those pistols that are

sanctioned by the International Olympic Committee and by USA

Shooting, the national governing body for international shooting

competition in the United States, and that were used for Olympic

target shooting purposes as of January 1, 2001, and that would

otherwise fall within the definition of "assault weapon" under this

Act, are exempt as provided by this Act.

SECTION 2. Subtitle A, Title 9, Health and Safety Code, is

amended by adding Chapter 770 to read as follows:

CHAPTER 770. MANUFACTURE, DISTRIBUTION, TRANSPORTATION,

IMPORTATION, SALE, LOAN, OR TRANSFER OF FIREARMS AND PRECURSOR

PARTS

Sec. 770.001. DEFINITIONS. In this chapter:

(1) ".50 caliber rifle" means a centerfire rifle that

can fire a .50 caliber cartridge and is not already an assault

weapon or a machine gun. The term does not include an antique

firearm, curio, or relic, as defined by 27 C.F.R. Section 478.11.

(2) "Assault weapon":

(A) includes:

(i) all of the following specified rifles:

(a) all AK series, including the

models identified as:

(1) made in China AK, AKM, AKS,

AK47, AK47S, 56, 56S, 84S, and 86S;

(2) Norinco 56, 56S, 84S, and

86S;

(3) Poly Technologies AKS and

AK47; and

(4) MAADI AK47 and ARM;

(b) UZI and Galil;

(c) Beretta AR-70;

(d) CETME Sporter;

(e) Colt AR-15 series;

(f) Daewoo K-1, K-2, Max 1, Max 2, AR

100, and AR 110C;

(g) Fabrique Nationale FAL, LAR, FNC,

308 Match, and Sporter;

(h) MAS 223;

(i) HK-91, HK-93, HK-94, and

HK-PSG-1;

(j) the following MAC types:

(1) RPB Industries Incorporated

sM10 and sM11; and

(2) SWD Incorporated M11;

(k) SKS with detachable magazine;

(l) SIG AMT, PE-57, SG 550, and SG

551;

(m) Springfield Armory BM59 and

SAR-48;

(n) Sterling MK-6;

(o) Steyer AUG;

(p) Valmet M62S, M71S, and M78S;

(q) Armalite AR-180;

(r) Bushmaster Assault Rifle;

(s) Calico M-900;

(t) J&R ENG M-68; and

(u) Weaver Arms Nighthawk;

(ii) all of the following specified

pistols:

(a) UZI;

(b) Encom MP-9 and MP-45; and

(c) the following MAC types:

(1) RPB Industries Incorporated

sM10 and sM11;

(2) SWD Incorporated M-11;

(3) Advance Armament

Incorporated M-11;

(4) Military Armament

Corporation Ingram M-11;

(5) Intratec TEC-9;

(6) Sites Spectre;

(7) Sterling MK-7;

(8) Calico M-950; and

(9) Bushmaster Pistol;

(iii) all of the following specified

shotguns:

(a) Franchi SPAS 12 and LAW 12;

(b) Striker 12; and

(c) the Streetsweeper type S/S

Incorporated SS/12;

(iv) any firearm declared to be an assault

weapon by a court;

(v) a semiautomatic centerfire rifle that

does not have a fixed magazine but has any one of the following:

(a) a pistol grip that protrudes

conspicuously beneath the action of the weapon;

(b) a thumbhole stock;

(c) a folding or telescoping stock;

(d) a grenade launcher or flare

launcher;

(e) a flash suppressor; or

(f) a forward pistol grip;

(vi) a semiautomatic centerfire rifle that

has a fixed magazine with the capacity to accept more than 10

rounds;

(vii) a semiautomatic centerfire rifle that

has an overall length of less than 30 inches;

(viii) a semiautomatic pistol that does not

have a fixed magazine but has any one of the following:

(a) a threaded barrel, capable of

accepting a flash suppressor, forward handgrip, or silencer;

(b) a second handgrip;

(c) a shroud that is attached to, or

partially or completely encircles, the barrel that allows the

bearer to fire the weapon without burning the bearer's hand, except

a slide that encloses the barrel; or

(d) the capacity to accept a

detachable magazine at some location outside of the pistol grip;

(ix) a semiautomatic pistol with a fixed

magazine that has the capacity to accept more than 10 rounds;

(x) a semiautomatic shotgun that has both

of the following:

(a) a folding or telescoping stock;

and

(b) a pistol grip that protrudes

conspicuously beneath the action of the weapon, thumbhole stock, or

vertical handgrip;

(xi) a semiautomatic shotgun that does not

have a fixed magazine;

(xii) any shotgun with a revolving

cylinder;

(xiii) a semiautomatic centerfire firearm

that is not a rifle, pistol, or shotgun and does not have a fixed

magazine but has any one of the following:

(a) a pistol grip that protrudes

conspicuously beneath the action of the weapon;

(b) a thumbhole stock;

(c) a folding or telescoping stock;

(d) a grenade launcher or flare

launcher;

(e) a flash suppressor;

(f) a forward pistol grip;

(g) a threaded barrel, capable of

accepting a flash suppressor, forward handgrip, or silencer;

(h) a second handgrip;

(i) a shroud that is attached to, or

partially or completely encircles, the barrel that allows the

bearer to fire the weapon without burning the bearer's hand, except

a slide that encloses the barrel; or

(j) the capacity to accept a

detachable magazine at some location outside of the pistol grip;

(xiv) a semiautomatic centerfire firearm

that is not a rifle, pistol, or shotgun and has a fixed magazine

with the capacity to accept more than 10 rounds; and

(xv) a semiautomatic centerfire firearm

that is not a rifle, pistol, or shotgun and has an overall length of

less than 30 inches; and

(B) does not include:

(i) any antique firearm; or

(ii) any of the following pistols that are

sanctioned by the International Olympic Committee and by USA

Shooting, the national governing body for international shooting

competition in the United States, and that were used for Olympic

target shooting purposes as of January 1, 2001:

(a) a Benelli MP90 .22 caliber long

rifle;

(b) a Benelli MP90 .32 caliber Smith &

Wesson long;

(c) a Benelli MP95 .22 caliber long

rifle;

(d) a Benelli MP95 .32 caliber Smith &

Wesson long;

(e) a Hammerli 280 .22 caliber long

rifle;

(f) a Hammerli 280 .32 caliber Smith &

Wesson long;

(g) a Hammerli SP20 .22 caliber long

rifle;

(h) a Hammerli SP20 .32 caliber Smith &

Wesson long;

(i) a Pardini GPO .22 caliber short;

(j) a Pardini GPO-Schumann .22

caliber short;

(k) a Pardini HP .32 caliber Smith &

Wesson long;

(l) a Pardini MP .32 caliber Smith &

Wesson long;

(m) a Pardini SP .22 caliber long

rifle;

(n) a Pardini SPE .22 caliber long

rifle;

(o) a Walther GSP .22 caliber long

rifle;

(p) a Walther GSP .32 caliber Smith &

Wesson long;

(q) a Walther OSP .22 caliber short;

or

(r) a Walther OSP-2000 .22 caliber

short.

(3) "Federally regulated firearm precursor part"

means any firearm precursor part considered to be a firearm under 18

U.S.C. Chapter 44 and regulations issued under that chapter, and

that has been imprinted with a serial number by a federal licensee

authorized to serialize firearms in compliance with all applicable

federal laws and regulations.

(4) "Firearm" means a device, designed to be used as a

weapon, from which a projectile is expelled through a barrel by the

force of an explosion or other form of combustion.

(5) "Firearm precursor part" means any forging,

casting, printing, extrusion, machined body, or similar article

that has reached a stage in manufacture where the article may

readily be completed, assembled, or converted to be used as the

frame or receiver of a functional firearm, or that is marketed or

sold to the public to become or be used as the frame or receiver of a

functional firearm once completed, assembled, or converted. The

term does not include firearm parts that can only be used on antique

firearms.

(6) "Fixed magazine" means an ammunition feeding

device contained in, or permanently attached to, a firearm in such a

manner that the device cannot be removed without disassembly of the

firearm action.

(7) "Series" includes all other models that are only

variations, with minor differences, of those models listed in

Subdivision (2)(A)(i) regardless of the manufacturer.

(8) "Unserialized firearm" means a firearm that does

not have a serial number as required by law or has had its serial

number altered or obliterated.

Sec. 770.002. MANUFACTURE, DISTRIBUTION, TRANSPORTATION,

IMPORTATION, SALE, LOAN, OR TRANSFER OF CERTAIN FIREARMS AND

PRECURSOR PARTS. (a) Notwithstanding any other law and except as

provided by Subsections (f) and (g) and Section 770.003, a person

within this state may not manufacture or cause to be manufactured,

distribute, transport, or import into this state, or cause to be

distributed, transported, or imported into this state, keep for

sale, offer or expose for sale, or give or lend any assault weapon,

.50 caliber rifle, or unserialized firearm.

(b) Except by operation of law, a person may not purchase,

sell, offer to sell, or transfer ownership of any firearm precursor

part in this state that is not a federally regulated firearm

precursor part. This subsection does not apply to:

(1) the purchase of a firearm precursor part that is

not a federally regulated firearm precursor part by a federally

licensed firearms manufacturer or importer, or by a federal

licensee authorized to serialize firearms;

(2) the sale, offer to sell, or transfer of ownership

of a firearm precursor part that is not a federally regulated

firearm precursor part to a federally licensed firearms

manufacturer or importer, or to a federal licensee authorized to

serialize firearms; or

(3) a common carrier licensed under state law, or a

motor carrier, air carrier, or carrier affiliated with an air

carrier through common controlling interest that is subject to

Title 49, United States Code, or an authorized agent of any such

carrier, when acting in the course and scope of duties incident to

the receipt, processing, transportation, or delivery of property.

(c) A person may not sell, supply, deliver, or give

possession or control of a firearm to any person who is under 21

years of age. This subsection does not apply to or affect the sale,

supply, delivery, or giving of possession or control of a firearm

that:

(1) is not a handgun or a semiautomatic centerfire

rifle to a person 18 years of age or older who possesses a valid,

unexpired hunting license issued by the Parks and Wildlife

Department;

(2) is not a handgun, semiautomatic centerfire rifle,

completed frame or receiver, or firearm precursor part to a person

who is 18 years of age or older and provides proper identification

of being an honorably discharged member of the United States Armed

Forces, the National Guard, the Air National Guard, or the active

reserve components of the United States; or

(3) is not a handgun to a person who is 18 years of age

or older and:

(A) is an active peace officer, as described by

Article 2A.001, Code of Criminal Procedure, who is authorized to

carry a firearm in the course and scope of employment;

(B) is an active federal officer or law

enforcement agent who is authorized to carry a firearm in the course

and scope of employment;

(C) is a reserve peace officer who is authorized

to carry a firearm in the course and scope of employment as a

reserve peace officer; or

(D) provides proper identification of active

membership in the United States Armed Forces, the National Guard,

the Air National Guard, or the active reserve components of the

United States.

(d) For purposes of Subsection (c)(2), proper

identification includes a military identification card or other

written documentation certifying that the person is an honorably

discharged member.

(e) The prohibitions described by Subsections (a), (b), and

(c) apply regardless of whether the firearm or firearm precursor

part is misused or is intended to be misused in a criminal or

unlawful manner.

(f) Subsections (a), (b), and (c) do not apply to the sale of

an assault weapon, .50 caliber rifle, unserialized firearm, or

firearm precursor part to, or the purchase, transportation,

importation, sale or other transfer, or manufacture of an assault

weapon, .50 caliber rifle, unserialized firearm, or firearm

precursor part by, any law enforcement agency or public entity that

employs peace officers, or any authorized law enforcement

representative thereof, if that agency, entity, or representative

is not prohibited by law from possessing an assault weapon, .50

caliber rifle, unserialized firearm, or firearm precursor part,

including the Texas Department of Criminal Justice, a police

department or sheriff's or marshal's office, the Department of

Public Safety, a district attorney's office, the Parks and Wildlife

Department, the military or naval forces of this state or of the

United States, a law enforcement or military agency of another

state, any federal law enforcement agency, or any foreign

government or agency approved by the United States Department of

State, for use in the discharge of the official duties of those

entities.

(g) Subsections (a) and (b) do not apply to a person who is

the executor or administrator of an estate that includes an assault

weapon or a .50 caliber rifle that is disposed of as authorized by

the probate court.

Sec. 770.003. SERVICING OR REPAIR OF CERTAIN FIREARMS AND

PRECURSOR PARTS; TRANSPORTATION; RELINQUISHMENT. (a)

Notwithstanding Section 770.002, a firearms dealer may take

possession of any assault weapon or .50 caliber rifle from any

person who may legally possess the assault weapon or rifle, or of

any firearm precursor part, for the purpose of servicing or repair.

(b) Notwithstanding Section 770.002, a firearms dealer may

transfer possession of any assault weapon, .50 caliber rifle, or

firearm precursor part received under Subsection (a) to a gunsmith

for the purpose of servicing or repair. A transfer is permissible

only to the following persons:

(1) a gunsmith employed by the dealer; or

(2) a gunsmith with whom the dealer has contracted for

gunsmithing services.

(c) Subsection (b)(2) applies only if the gunsmith

receiving the assault weapon, .50 caliber rifle, or firearm

precursor part meets both of the following qualifications:

(1) the gunsmith holds a dealer license issued under

18 U.S.C. Chapter 44 and the regulations issued under that chapter;

and

(2) the gunsmith holds any business license required

by a state or local governmental entity.

(d) A firearms dealer who lawfully possesses an assault

weapon, .50 caliber rifle, or firearm precursor part in accordance

with this section may:

(1) transport the firearm or firearm precursor part

between dealers or out of this state if that person is permitted

under the National Firearms Act; or

(2) sell the firearm or firearm precursor part to a

resident outside this state.

(e) A firearm or firearm precursor part that is transported

under this section or Section 770.002 must be:

(1) transported in a motor vehicle while:

(A) locked in the vehicle's trunk; or

(B) in a locked container in the vehicle that:

(i) is secure and fully enclosed and locked

by a padlock, keylock, combination lock, or similar device; and

(ii) is not a utility or glove compartment

of the vehicle; and

(2) carried directly to or from the motor vehicle in

the locked container described by Subdivision (1)(B).

(f) Notwithstanding Section 770.002, and provided that the

firearm or firearm precursor part is transported in compliance with

Subsection (e), an individual may:

(1) arrange in advance to relinquish an assault

weapon, .50 caliber rifle, unserialized firearm, or firearm

precursor part to a police or sheriff's department;

(2) sell, deliver, or transfer an assault weapon, .50

caliber rifle, unserialized firearm, or firearm precursor part to

an authorized representative of a municipality, municipality and

county, county, or state government, or of the federal government,

provided that the entity is acquiring the weapon as part of an

authorized, voluntary program in which the entity is buying or

receiving weapons from private individuals; or

(3) transfer, relinquish, or dispose of a firearm or

firearm precursor part.

Sec. 770.004. LIMITATIONS ON PUBLIC ENFORCEMENT. (a)

Notwithstanding any other law, the requirements of this chapter

shall be enforced exclusively through the private civil actions

described by Section 770.005. Enforcement of this chapter may not

be taken or threatened by this state, a political subdivision of

this state, a district, county, or municipal attorney, or an

executive or administrative officer or employee of this state or a

political subdivision of this state against any person, except as

provided by Section 770.005.

(b) The fact that conduct violates this chapter is not an

independent basis for enforcement of any other law of this state, or

the denial, revocation, suspension, or withholding of any right or

privilege conferred by the law of this state or a political

subdivision of this state, or a threat to do the same, by this

state, a political subdivision of this state, a district, county,

or municipal attorney, or an executive or administrative officer or

employee of this state or a political subdivision of this state, or

a board, commission, or similar body assigned authority to do so

under law, against any person, except as provided by Section

770.005. A civil action predicated on a violation of this chapter

may not be brought by this state, a political subdivision of this

state, a district, county, or municipal attorney, or an executive

or administrative officer or employee of this state or a political

subdivision of this state. For avoidance of doubt, the rights and

privileges described by this section include any business licenses

and permits issued under a law of this state. This subsection may

not be construed to prevent or limit enforcement of any other law

regulating conduct that also violates this chapter.

(c) Subsections (a) and (b) may not be construed to:

(1) legalize the conduct prohibited by this chapter;

(2) limit or affect the availability of a remedy

established by Section 770.005; or

(3) limit the enforceability of any other laws that

regulate or prohibit any conduct relating to firearms or firearm

precursor parts.

Sec. 770.005. CIVIL LIABILITY FOR VIOLATION OR AIDING AND

ABETTING VIOLATION. (a) Any person, other than an officer or

employee of this state or political subdivision of this state, may

bring a civil action against any person who:

(1) knowingly violates Section 770.002;

(2) knowingly engages in conduct that aids or abets

another person in violating Section 770.002, regardless of whether

the person knew or should have known that the person aided or

abetted would be violating Section 770.002; or

(3) knowingly commits an act with the intent to engage

in the conduct described by Subdivision (1) or (2).

(b) If a claimant prevails in an action brought under this

section, the court shall award:

(1) injunctive relief sufficient to prevent the

defendant from violating this chapter or engaging in acts that aid

or abet a violation of this chapter;

(2) statutory damages in an amount of not less than

$10,000 for each weapon or firearm precursor part as to which the

defendant violated Section 770.002, and for each weapon or firearm

precursor part as to which the defendant aided or abetted a

violation of Section 770.002; and

(3) attorney's fees and costs.

(c) Notwithstanding Subsection (b), a court may not award

relief under this section in response to conduct described by

Subsection (a) if the defendant demonstrates that the defendant

previously paid the full amount of any monetary award under

Subsection (b)(2) in a previous action for each firearm or firearm

precursor part as to which the defendant violated, or aided or

abetted a violation of, Section 770.002 or committed an act with the

intent to violate or aid or abet a violation of that section.

(d) Notwithstanding any other law, a cause of action under

this section is extinguished unless the action is brought not later

than the fourth anniversary of the day the cause of action accrues.

(e) An act or omission in violation of Section 770.002 shall

be considered an injury in fact to all residents of, and visitors

to, this state, and any such person shall have standing to bring an

action under this section. Damages under Subsection (b)(2) may not

be considered exemplary damages for purposes of Chapter 41, Civil

Practice and Remedies Code.

(f) Notwithstanding any other law, none of the following is

a defense to an action brought under this section:

(1) a defendant's ignorance or mistake of law;

(2) a defendant's belief that the requirements of this

chapter are unconstitutional or were unconstitutional;

(3) a defendant's reliance on any court decision that

has been overruled on appeal or by a subsequent court, even if that

court decision had not been overruled when the defendant engaged in

conduct that violates this chapter;

(4) a defendant's reliance on any state or federal

court decision that is not binding on the court in which the action

has been brought;

(5) a nonmutual issue preclusion or nonmutual claim

preclusion;

(6) any claim that the enforcement of this chapter or

the imposition of civil liability against the defendant will

violate a constitutional right of a third party;

(7) a defendant's assertion that this chapter

proscribes conduct that is separately prohibited by the Penal Code

or any other law of this state, or that this chapter proscribes

conduct beyond that which is already prohibited by the Penal Code or

any other law of this state; or

(8) any claim that the firearm or firearm precursor

part at issue was not misused, or was not intended to be misused, in

a criminal or unlawful manner.

(g) The following are affirmative defenses to an action

brought under this section:

(1) a person sued under Subsection (a)(2) reasonably

believed, after conducting a reasonable investigation, that the

person aided or abetted was complying with this chapter; and

(2) a person sued under Subsection (a)(3) reasonably

believed, after conducting a reasonable investigation, that the

person was complying with this chapter or was aiding or abetting

another who was complying with this chapter.

(h) The defendant in an action under this section has the

burden of proving an affirmative defense under Subsection (g) by a

preponderance of the evidence.

(i) This section may not be construed to impose liability on

any speech or conduct protected by the First Amendment to the United

States Constitution, as made applicable to the states through the

United States Supreme Court's interpretation of the Fourteenth

Amendment to the United States Constitution, or by Section 8,

Article I, Texas Constitution.

(j) Notwithstanding any other law, this state, a state

official, or a district, county, or municipal attorney may not

intervene in an action brought under this section. However, this

subsection does not prohibit a person described by this subsection

from filing an amicus curiae brief in the action.

(k) Notwithstanding any other law, a court may not award

attorney's fees or costs to a defendant in an action brought under

this section.

(l) An action may not be brought under this section against

a federal government, state, or political subdivision, or an

employee of a federal government, state, or political subdivision

on the basis of acts or omissions in the course of discharge of

official duties.

Sec. 770.006. STANDING TO ASSERT CERTAIN DEFENSES. (a) A

defendant against whom an action is brought under Section 770.005

does not have standing to assert the right of another individual to

keep and bear arms under the Second Amendment to the United States

Constitution as a defense to liability under that section unless:

(1) the United States Supreme Court holds that the

courts of this state must confer standing on that defendant to

assert the third-party rights of other individuals in state court

as a matter of federal constitutional law; or

(2) the defendant has standing to assert the rights of

other individuals under the tests for third-party standing

established by the United States Supreme Court.

(b) A defendant in an action brought under Section 770.005

may assert an affirmative defense to liability under this section

if the defendant:

(1) has standing to assert the third-party right of an

individual to keep and bear arms in accordance with Subsection (a);

and

(2) demonstrates that the relief sought by the

claimant will violate the third party's rights under the Second

Amendment to the United States Constitution as defined by clearly

established case law of the United States Supreme Court.

(c) This section may not be construed to limit or preclude a

defendant from asserting the defendant's personal constitutional

rights as a defense to liability under Section 770.005. A court may

not award relief under Section 770.005 if the conduct for which the

defendant has been sued was an exercise of a state or federal

constitutional right that personally belongs to the defendant.

Sec. 770.007. CONSTRUCTION OF CHAPTER. This chapter may

not be construed to:

(1) authorize the initiation of an action under this

chapter against a person purchasing, obtaining, or attempting to

purchase or obtain an assault weapon, .50 caliber rifle,

unserialized firearm, or firearm precursor part from a person

acting in violation of this chapter;

(2) wholly or partly repeal, either expressly or by

implication, any other statute that regulates or prohibits any

conduct relating to firearms or firearm precursor parts; or

(3) restrict a political subdivision from regulating

or prohibiting conduct relating to assault weapons, .50 caliber

rifles, unserialized firearms, or firearm precursor parts in a

manner that is at least as stringent as the laws of this state.

Sec. 770.008. VENUE. (a) Notwithstanding any other law, an

action brought under Section 770.005 shall be brought in:

(1) the county in which all or a substantial part of

the events or omissions giving rise to the claim occurred;

(2) the county of residence of any natural person

defendant at the time the cause of action accrued;

(3) the county of the principal office in this state of

any defendant that is not a natural person; or

(4) the county of residence for the claimant if the

claimant is a natural person residing in this state.

(b) Notwithstanding any other law, if an action is brought

under Section 770.005 in one of the venues described by Subsection

(a), the action may not be transferred to a different venue without

the written consent of all parties.

Sec. 770.009. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL

IMMUNITY PRESERVED. (a) Notwithstanding any other law, this state

has sovereign immunity, a political subdivision of this state has

governmental immunity, and each officer and employee of this state

or a political subdivision of this state has official immunity in

any action, claim, or counterclaim or any type of legal or equitable

action that challenges the validity of any provision or application

of this chapter, on constitutional grounds or otherwise.

(b) A provision of state law may not be construed to waive or

abrogate an immunity described by Subsection (a) unless the

provision expressly waives immunity under this section.

Sec. 770.010. SEVERABILITY. (a) It is the intent of the

legislature that every provision, section, subdivision, sentence,

clause, phrase, and word in this chapter, and every application of

the provisions of this chapter, are severable from each other.

(b) If any application of any provision in this chapter to

any person, group of persons, or circumstances is found by a court

to be invalid or unconstitutional, the remaining applications of

that provision to all other persons and circumstances shall be

severed and may not be affected. All constitutionally valid

applications of this chapter shall be severed from any applications

that a court finds to be invalid, leaving the valid applications in

force, because it is the legislature's intent and priority that the

valid applications be allowed to stand alone. Even if a reviewing

court finds a provision of this chapter to impose an

unconstitutional burden in a large or substantial fraction of

relevant cases, the applications that do not present an

unconstitutional burden shall be severed from the remaining

applications and shall remain in force, and shall be treated as if

the legislature had enacted a statute limited to the persons, group

of persons, or circumstances for which the statute's application

does not present an unconstitutional burden. If any court declares

or finds a provision of this chapter facially unconstitutional,

when discrete applications of that provision can be enforced

against a person, group of persons, or circumstances without

violating the United States Constitution and the Texas

Constitution, those applications shall be severed from all

remaining applications of the provision, and the provision shall be

interpreted as if the legislature had enacted a provision limited

to the persons, group of persons, or circumstances for which the

provision's application will not violate the United States

Constitution and the Texas Constitution.

(c) The legislature further declares that it would have

enacted this chapter, and each provision, section, subdivision,

sentence, clause, phrase, and word, and all constitutional

applications of this chapter, irrespective of the fact that any

provision, section, subdivision, sentence, clause, phrase, or

word, or application of this chapter, were to be declared

unconstitutional or to represent an unconstitutional burden.

(d) If any provision of this chapter is found by any court to

be unconstitutionally vague, then the applications of that

provision that do not present constitutional vagueness problems

shall be severed and remain in force.

(e) A court may not decline to enforce the severability

requirements of this section on the ground that severance would

rewrite the statute or involve the court in legislative or

lawmaking activity. A court that declines to enforce or enjoins a

state official from enforcing a statutory provision of this chapter

does not rewrite a statute, as the statute continues to contain the

same words as before the court's decision. A judicial injunction or

declaration of unconstitutionality of a provision of this chapter:

(1) is nothing more than an edict prohibiting

enforcement that may subsequently be vacated by a later court if

that court has a different understanding of the requirements of the

Texas Constitution or the United States Constitution;

(2) is not a formal amendment of the language in a

statute; and

(3) does not rewrite a statute any more than a decision

by the executive not to enforce a duly enacted statute in a limited

and defined set of circumstances.

Sec. 770.011. OPERATION OF CHAPTER. This chapter becomes

inoperative on invalidation of Subchapter H, Chapter 171, in its

entirety by a final decision of the United States Supreme Court or

Texas Supreme Court.

SECTION 3. Chapter 30, Civil Practice and Remedies Code, is

amended by adding Section 30.023 to read as follows:

Sec. 30.023. AWARD OF ATTORNEY'S FEES IN ACTIONS

CHALLENGING FIREARMS LAW. (a) Notwithstanding any other law, any

person, including an entity, attorney, or law firm, that seeks

declaratory or injunctive relief to prevent this state, a political

subdivision of this state, a governmental entity or public official

in this state, or a person in this state from enforcing any statute,

ordinance, rule, regulation, or other type of law that regulates or

restricts firearms, or that represents any litigant seeking that

relief, is jointly and severally liable to pay the attorney's fees

and costs of the prevailing party.

(b) For purposes of this section, a party is considered a

prevailing party if a court:

(1) dismisses any claim or cause of action brought by

the party seeking the declaratory or injunctive relief described by

Subsection (a), regardless of the reason for the dismissal; or

(2) enters judgment in favor of the party opposing the

declaratory or injunctive relief described by Subsection (a), on

any claim or cause of action.

(c) Regardless of whether a prevailing party sought to

recover attorney's fees or costs in the underlying action, a

prevailing party under this section may bring a civil action to

recover attorney's fees and costs against a person, including an

entity, attorney, or law firm, that sought declaratory or

injunctive relief described by Subsection (a) not later than the

third anniversary of the date on which, as applicable:

(1) the dismissal or judgment described by Subsection

(b) becomes final on the conclusion of appellate review; or

(2) the time for seeking appellate review expires.

(d) None of the following is a defense to an action brought

under Subsection (c):

(1) a prevailing party under this section failed to

seek recovery of attorney's fees or costs in the underlying action;

(2) the court in the underlying action declined to

recognize or enforce the requirements of this section; or

(3) the court in the underlying action held that any

provision of this section is invalid, unconstitutional, or

preempted by federal law, notwithstanding the doctrines of issue or

claim preclusion.

(e) Any person, including an entity, attorney, or law firm,

that seeks declaratory or injunctive relief as described by

Subsection (a) may not be considered a prevailing party under this

section or any other provision of this chapter.

SECTION 4. Subchapter C, Chapter 311, Government Code, is

amended by adding Section 311.037 to read as follows:

Sec. 311.037. CONSTRUCTION OF FIREARMS STATUTES. (a) A

statute that regulates or prohibits firearms may not be construed

to repeal any other statute that regulates or prohibits firearms,

either wholly or partly, unless the later-enacted statute

explicitly states that it is repealing the other statute.

(b) A statute may not be construed to restrict a political

subdivision from regulating or prohibiting firearms in a manner

that is at least as stringent as the laws of this state, unless the

statute explicitly states that political subdivisions are

prohibited from regulating or prohibiting firearms in the manner

described by the statute.

(c) Every statute that regulates or prohibits firearms is

severable in each of its applications to every person and

circumstance. If any statute that regulates or prohibits firearms

is found by any court to be unconstitutional, either on its face or

as applied, then all applications of that statute that do not

violate the United States Constitution and Texas Constitution shall

be severed from the unconstitutional applications and shall remain

enforceable, notwithstanding any other law, and the statute shall

be interpreted as if containing language limiting the statute's

application to the persons, group of persons, or circumstances for

which the statute's application will not violate the United States

Constitution and Texas Constitution.

SECTION 5. Section 770.005, Health and Safety Code, as

added by this Act, applies only to a cause of action that accrues on

or after the effective date of this Act.

SECTION 6. This Act takes effect September 1, 2025.