Hopper Bill Lets Residents Sue Governments Over Who They Hire

The text as introduced · 1,042 words

89R5479 JDK-D

By: Hopper
H.B. No. 3934

A BILL TO BE ENTITLED

AN ACT

relating to governmental action that infringes on the right to keep

and bear arms in this state.

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

SECTION 1. Section 1.10(b), Penal Code, is amended to read

as follows:

(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 possessing or

owning 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 ; or

(F) a tax, fee, or surcharge imposed only on a

firearm, firearm accessory, or ammunition, or only on the sale or

transfer of a firearm, firearm accessory, or ammunition .

SECTION 2. Subtitle H, Title 10, Government Code, is

amended by adding Chapter 2402 to read as follows:

CHAPTER 2402. PROTECTION OF RIGHT TO KEEP AND BEAR ARMS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2402.001. DEFINITIONS. In this chapter:

(1) "Governmental entity" means:

(A) this state;

(B) a board, commission, council, department,

or other agency in the executive branch of state government that

is created by the state constitution or a statute, including an

institution of higher education as defined by Section 61.003,

Education Code;

(C) the legislature or a legislative agency;

(D) a state judicial agency or the State Bar of

Texas;

(E) a political subdivision, including a county,

municipality, or special district or authority; or

(F) an officer, employee, or agent of an entity

described by Paragraphs (A) through (E).

(2) "Law-abiding citizen" means an individual who is

not otherwise prohibited from possessing a firearm. The term does

not include an individual who is not legally authorized to be

present in the United States.

(3) "Material aid and support" includes voluntarily

giving or allowing another person to make use of lodging,

communication equipment, or services, including social media

accounts, facilities, weapons, personnel, transportation,

clothing, or another physical asset. The term does not include:

(A) giving or allowing the use of materials

necessary to treat physical injuries; or

(B) providing assistance to individuals to

prevent a serious and present risk of a life-threatening injury.

(4) "Peace officer" means an individual described by

Article 2A.001, Code of Criminal Procedure.

Sec. 2402.002. DUTY TO PROTECT RIGHT TO KEEP AND BEAR ARMS.

Courts and law enforcement agencies in this state shall protect the

right of law-abiding citizens to keep and bear arms in this state

and to protect that right from infringement.

SUBCHAPTER B. CIVIL ACTION FOR INFRINGING RIGHT TO KEEP AND BEAR

ARMS

Sec. 2402.051. CIVIL ACTION. A governmental entity that

employs a peace officer who knowingly violates Section 1.10, Penal

Code, or otherwise knowingly deprives a law-abiding citizen of this

state of the right to keep and bear arms while acting under the

color of any state or federal law is liable to the citizen for the

damages resulting from the violation or deprivation.

Sec. 2402.052. REMEDIES. (a) A prevailing claimant may

recover in an action brought under this subchapter:

(1) actual damages;

(2) statutory damages of $50,000 per occurrence;

(3) appropriate equitable relief; and

(4) costs and reasonable attorney's fees incurred in

bringing the action.

(b) Damages under Subsection (a)(2) may not be considered

exemplary damages for purposes of Chapter 41, Civil Practice and

Remedies Code.

Sec. 2402.053. VENUE. A claimant may bring an action under

this subchapter in a district court in Travis County or in a county

in which the principal office of the governmental entity is

located.

Sec. 2402.054. PRELIMINARY INJUNCTION HEARING. In an

action brought under this subchapter, a court, on its own motion,

shall hold a hearing for a preliminary injunction not later than the

30th day after the date each defendant is served with process for

the action.

Sec. 2402.055. WAIVER OF IMMUNITY. A governmental entity's

sovereign or governmental immunity to suit and from liability is

waived to the extent of liability created by this subchapter.

SUBCHAPTER C. ACTION FOR EMPLOYING CERTAIN FORMER FEDERAL

OFFICIALS, EMPLOYEES, OR AGENTS

Sec. 2402.101. CIVIL ACTION. An individual residing in a

governmental entity's jurisdiction may bring an action against the

entity if the entity employs an individual who, when the individual

was a federal official, employee, or agent:

(1) enforced or attempted to enforce a federal

statute, order, rule, or regulation described by Section 1.10(b),

Penal Code; or

(2) gave material aid and support to another person

enforcing or attempting to enforce a federal statute, order, rule,

or regulation described by Section 1.10(b), Penal Code.

Sec. 2402.102. REMEDIES. A prevailing claimant in an

action brought under this subchapter may recover:

(1) statutory damages of $50,000 for each employee

described by Section 2402.101;

(2) appropriate equitable relief; and

(3) court costs and reasonable attorney's fees

incurred in bringing the action.

Sec. 2402.103. WAIVER OF IMMUNITY. A governmental entity's

sovereign or governmental immunity to suit and from liability is

waived to the extent of liability created by this subchapter.

SECTION 3. The changes in law made by this Act apply only to

a cause of action that accrues on or after the effective date of

this Act.

SECTION 4. This Act takes effect September 1, 2025.