83R5687 PEP-D
 
  By: Creighton, et al. H.B. No. 1314
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the unlawful seizure of a firearm by a governmental
  officer or employee; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 46, Penal Code, is amended by adding
  Section 46.16 to read as follows:
         Sec. 46.16.  UNLAWFUL SEIZURE OF FIREARM. (a) A person who
  is an officer or employee of the United States, this state, or a
  political subdivision of this state commits an offense if the
  person, while acting under color of the person's office or
  employment, intentionally or knowingly seizes a firearm as
  permitted or required by a federal statute, order, rule, or
  regulation that imposes a prohibition, restriction, or other
  regulation on firearms that does not exist under the laws of this
  state.
         (b)  For purposes of this section, a person acts under color
  of the person's office or employment if the person acts or purports
  to act in an official capacity or takes advantage of such actual or
  purported capacity.
         (c)  An offense under this section is a Class A misdemeanor.
         (d)  It is an exception to the application of this section
  that the person's seizure of a firearm was consistent with an
  explicit and applicable grant of federal statutory authority that
  is consistent with the United States Constitution.
         (e)  The prosecution may negate the existence of the
  exception provided by Subsection (d) only by proving beyond a
  reasonable doubt that, based on a decision entered by the United
  States Supreme Court on or after September 1, 2013, the federal
  statute, order, rule, or regulation described by Subsection (a) is
  not within the scope of federal powers conferred by the United
  States Constitution.
         SECTION 2.  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, 2013.