Section 1.10 of the Texas Penal Code prohibits agencies of the State of Texas, political subdivisions of the state, and law enforcement officers or other state-employed personnel from assisting federal agencies or officials in enforcing certain federal firearm regulations. Specifically, they may not assist with enforcing federal regulations that impose a prohibition, restriction, or other regulation that does not exist under Texas state law and that relate to a registry requirement for a firearm, a firearm accessory, or ammunition; a licensing requirement for owning, possessing, or carrying these items; a requirement for background checks for private sales or transfers of these items; a program for confiscating these items from people who are not prohibited from possessing them under Texas law; or a program that requires owners to sell these items.
The section also provides that political subdivisions that violate this prohibition may not receive state funds, and individuals may file complaints with the Attorney General regarding such violations. The Attorney General may file a lawsuit and obtain equitable relief to compel compliance with the prohibition, and they will defend any agency of the state that follows the requirements of this section in a lawsuit brought by the federal government.
Sec. 1.10. ENFORCEMENT OF CERTAIN FEDERAL LAWS REGULATING FIREARMS, FIREARM ACCESSORIES, AND FIREARM AMMUNITION. (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 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 not otherwise prohibited by the laws of this state from possessing it; or (E) a program that requires an owner to sell the firearm, firearm accessory, or ammunition. (c) Subsection (b) does not apply to a contract or agreement to provide assistance in effect on January 19, 2021. (d) A political subdivision may not receive state funds if it requires or assists with the enforcement of any federal statute, order, rule, or regulation described by Subsection (b).
Added by Acts 2021, 87th Leg., R.S., Ch. 819 (H.B. 2622), Sec. 2, eff. September 1, 2021.