Relating to the establishment and administration of a state ammunition manufacturing facility; granting rulemaking authority.
https://capitol.texas.gov/tlodocs/88R/billtext/html/HB03539I.htm
| By: Troxclair | H.B. No. 3539 | |
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| relating to the establishment and administration of a state | ||
| ammunition manufacturing facility; granting rulemaking authority. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle F, Title 4, Government Code, is amended | ||
| by adding Chapter 490J to read as follows: | ||
| CHAPTER 490J. TEXAS AMMUNITION MANUFACTURING FACILITY | ||
| SUBCHAPTER A. ESTABLISHMENT AND ADMINISTRATION OF TEXAS AMMUNITION | ||
| MANUFACTURING FACILITY | ||
| Sec. 490J.001. DEFINITIONS. In this chapter: | ||
| (1) "Ammunition" means a combination of projectiles, | ||
| cartridges, primers and propellants fired from a handgun or rifle. | ||
| (2) "Facility operator" means a person selected under | ||
| Section 490J.002(d) to operate the facility. | ||
| Sec. 490J.002. TEXAS AMMUNITION MAUFACTURING FACILITY. (a) | ||
| The Texas Ammunition Manufacturing Facility is established as an | ||
| agency of this state within the Department of Public Safety. | ||
| (b) The facility is established to manufacture quality | ||
| ammunition for use by law enforcement for training and to ensure | ||
| public safety and the general public for recreational shooting, | ||
| hunting, self-defense and all other legal purposes as protected by | ||
| the Second Amendment to the United States Constitution. | ||
| (c) The department shall have broad authority under this | ||
| chapter and shall exercise close supervision over the facility to | ||
| promote and ensure integrity, security, honesty, and fairness in | ||
| the operation of the facility. | ||
| (d) The department may contract with or employ a person to | ||
| perform a function, activity, or service in connection with the | ||
| facility as necessary to implement this chapter, including but not | ||
| limited to the construction and operation of the facility. | ||
| Sec. 490J.003. POWERS AND DUTIES. (a) The facility | ||
| operator has the powers necessary to carry out the duties of this | ||
| chapter including the power to enter into contracts and other | ||
| necessary instruments. | ||
| (b) The facility operator shall manufacture quality | ||
| ammunition to be sold to law enforcement agencies at a reasonable | ||
| price. | ||
| (c) The facility operator shall sell ammunition to | ||
| ammunition wholesalers and retailers at a reasonable price. | ||
| (d) The facility operator may sell component parts of | ||
| ammunition to other ammunition manufacturers domiciled in Texas, | ||
| including projectiles, cartridges, primers and propellants. | ||
| (e) The facility operator may print the state seal, state | ||
| arms, or the state flag on packaging for ammunition manufactured by | ||
| the facility. | ||
| (f) All ammunition manufactured by the facility must | ||
| contain the words "Made in Texas" on the packaging. | ||
| Sec. 490J.004. CERTAIN ACTIONS PROHIBITED. The facility | ||
| may not take any of the following actions: | ||
| (1) sell ammunition manufactured by the facility or | ||
| any component parts directly to consumers; | ||
| (2) sell ammunition or any component parts to foreign | ||
| countries. | ||
| Sec. 490J.005. RULEMAKING. The department may adopt rules | ||
| as necessary to implement this chapter. | ||
| Sec. 490J.006. TAXES. Ammunition sold by the facility to | ||
| law enforcement agencies in Texas is not subject to state or local | ||
| sales and use tax. | ||
| Sec. 490J.007. ANNUAL REPORT. The department shall submit | ||
| to the governor and the legislature a report on the status, | ||
| condition, operations, and prospects for the facility each year not | ||
| later than December 1st. | ||
| 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, 2023. | ||
