Bill > HB176

This bill, known as the Second Amendment Preservation Act, declares that Texas will not enforce federal laws that infringe upon a law-abiding citizen's right to keep and bear arms as guaranteed by the U.S. and Texas Constitutions. It defines "law-abiding citizen" as someone legally present in Texas who can legally possess a firearm, and "government agency" to include state and local entities. The bill specifically invalidates federal laws that impose taxes or fees on firearms, accessories, or ammunition in a way that discourages ownership, require registration or tracking of these items, prohibit their possession or transfer, or order their confiscation from law-abiding citizens. State courts and law enforcement are mandated to protect this right, and government agencies and their employees are prohibited from enforcing such federal laws. Individuals whose rights are infringed can seek legal remedies, including damages and attorney fees, and there are specific notice requirements and limitations periods for bringing such actions. The bill also waives sovereign and governmental immunity for state agencies and abolishes official immunity for employees sued under this act, though it does not waive immunity under the Eleventh Amendment of the U.S. Constitution.