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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation or prohibition of certain assault |
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weapons; imposing a tax and a license fee; providing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. LICENSE TO PURCHASE ASSAULT WEAPON |
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Sec. 411.221. DEFINITION OF ASSAULT WEAPON. (a) In this |
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subchapter, "assault weapon" means: |
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(1) a semiautomatic rifle that has the capacity to |
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accept a detachable magazine that holds more than five rounds of |
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ammunition and has: |
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(A) a pistol grip that protrudes conspicuously |
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beneath the action of the firearm; |
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(B) a folding or telescoping stock; |
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(C) a thumbhole stock; |
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(D) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(E) a flash suppressor, muzzle break, muzzle |
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compensator, or threaded barrel designed to accommodate a flash |
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suppressor, muzzle break, or muzzle compensator; or |
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(F) a grenade launcher; |
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(2) a semiautomatic shotgun that has a fixed magazine, |
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or the capacity to accept a detachable magazine, that holds more |
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than five rounds of ammunition and has: |
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(A) a folding or telescoping stock; |
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(B) a thumbhole stock; |
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(C) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; or |
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(D) a fixed magazine that holds more than seven |
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rounds of ammunition; |
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(3) a semiautomatic pistol that has the capacity to |
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accept a detachable magazine and has: |
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(A) a folding or telescoping stock; |
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(B) a thumbhole stock; |
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(C) a second handgrip or a protruding grip that |
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can be held by the non-trigger hand; |
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(D) an ammunition magazine that attaches to the |
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pistol outside of the pistol grip; |
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(E) a threaded barrel capable of accepting a |
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flash suppressor, barrel extender, forward handgrip, or silencer; |
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(F) a shroud that is attached to or partially or |
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completely encircles the barrel and that permits the shooter to |
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hold the firearm with the non-trigger hand without being burned; |
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(G) a manufactured weight of 50 ounces or more |
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when the firearm is unloaded; or |
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(H) a semiautomatic version of an automatic |
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rifle, shotgun, or other firearm; or |
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(4) a revolving cylinder shotgun. |
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(b) For purposes of this subchapter, "assault weapon" does |
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not include: |
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(1) any rifle, shotgun, or pistol that: |
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(A) is manually operated by bolt, pump, lever, or |
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slide action; |
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(B) has been rendered permanently inoperable; or |
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(C) is an antique firearm; or |
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(2) any revolving cylinder shotgun that was in the |
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possession of its owner before September 1, 2013. |
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Sec. 411.222. APPLICATION; ELIGIBILITY. (a) A person may |
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apply to the department for a license to purchase an assault weapon. |
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(b) A person is eligible for a license to purchase an |
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assault weapon if the person: |
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(1) submits to the department all of the application |
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materials required for a license to carry a concealed handgun under |
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Section 411.174, except that: |
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(A) the nonrefundable application and license |
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fee is in the amount of $200; and |
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(B) in lieu of the evidence of handgun |
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proficiency, the applicant must submit evidence satisfactory to the |
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department of the applicant's ability to exercise sound judgment |
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with respect to the proper use and storage of an assault weapon; and |
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(2) is found by the department, following a review of |
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the application materials conducted in the manner described by |
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Section 411.176, to fulfill all the eligibility requirements for a |
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license to carry a concealed handgun under Section 411.172. |
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Sec. 411.223. ISSUANCE OR DENIAL OF LICENSE. (a) The |
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department shall issue a license to purchase an assault weapon to an |
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applicant if the applicant meets all of the eligibility |
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requirements and submits all of the application materials. The |
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department may not deny an application on the basis of a capricious |
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or arbitrary decision by the department. |
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(b) The department shall, not later than the 60th day after |
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the date of receipt of the completed application materials: |
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(1) issue the license; |
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(2) notify the applicant in writing that the |
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application was denied because the applicant failed to: |
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(A) submit evidence satisfactory to the |
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department of the applicant's ability to exercise sound judgment |
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with respect to the proper use and storage of an assault weapon; or |
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(B) fulfill all of the eligibility requirements; |
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or |
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(3) notify the applicant in writing that the |
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department is unable to make a determination regarding the issuance |
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or denial of a license to the applicant within the 60-day period |
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prescribed by this subsection and include in that notification an |
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explanation of the reason for the inability and an estimation of the |
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amount of time the department will need to make the determination. |
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(c) Failure of the department to issue or deny a license for |
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a period of more than 30 days after the department is required to |
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act under Subsection (b) constitutes denial. |
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Sec. 411.224. EXPIRATION AND RENEWAL OF LICENSE. (a) A |
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license issued under this subchapter expires on the second |
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anniversary of the date of issuance. |
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(b) To renew a license, a license holder must submit to the |
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department: |
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(1) an application for renewal on a form provided by |
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the department; |
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(2) payment of a nonrefundable renewal fee of $25. |
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(c) The director by rule shall adopt a renewal application |
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form requiring an update of the information on the original |
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completed application with respect to: |
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(1) the applicant's state and federal criminal history |
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record information and eligibility under applicable federal and |
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state law to possess a firearm; and |
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(2) whether the applicant is currently restricted |
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under a court protective order or subject to a restraining order. |
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(d) The department shall renew the license of a license |
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holder who meets the eligibility requirements and submits the |
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renewal materials. Not later than the 45th day after receipt of the |
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renewal materials, the department shall issue the renewal or notify |
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the license holder in writing that the renewal application was |
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denied. |
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Sec. 411.225. STANDARDS AND PROCEDURAL REQUIREMENTS; |
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RULES. (a) The following provisions apply to a license issued |
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under this subchapter, except to the extent that the provisions are |
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inapplicable by their nature: |
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(1) notification of denial, revocation, or suspension |
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of license; review (Section 411.180); |
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(2) notice of change of address or name (Section |
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411.181); |
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(3) notice (Section 411.182); |
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(4) modification (Section 411.184); |
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(5) revocation (Section 411.186); |
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(6) suspension of license (Section 411.187); and |
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(7) confidentiality of records (Section 411.192). |
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(b) The department shall adopt any other rule or establish |
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any other procedure necessary or appropriate to administer this |
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subchapter. |
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SECTION 2. Title 99, Business & Commerce Code, is amended by |
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adding Chapter 2005 to read as follows: |
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CHAPTER 2005. TRANSFER OF ASSAULT WEAPONS |
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Sec. 2005.001. DEFINITIONS. In this chapter: |
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(1) "Assault weapon" has the meaning assigned by |
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Section 411.221, Government Code. |
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(2) "Department" means the Department of Public |
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Safety. |
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(3) "Local law enforcement authority" means the office |
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of the chief of police of a municipality or the office of the |
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sheriff of a county. |
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Sec. 2005.002. PREREQUISITES TO PURCHASE. Before a person |
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may purchase an assault weapon in this state, the person must: |
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(1) obtain a license issued under Subchapter H-1, |
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Chapter 411, Government Code; and |
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(2) in accordance with Section 2005.003, register with |
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and obtain a written statement from the local law enforcement |
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authority in: |
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(A) the municipality in which the person resides; |
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or |
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(B) the county in which the person resides, if |
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the person does not reside within a municipality. |
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Sec. 2005.003. REGISTRATION WITH AND STATEMENT FROM LOCAL |
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LAW ENFORCEMENT AUTHORITY. (a) A person who holds a license issued |
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under Subchapter H-1, Chapter 411, Government Code, and who |
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registers with the local law enforcement authority in the |
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municipality or county in which the person resides, as applicable, |
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may request the local law enforcement authority to provide the |
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person with a written and dated statement confirming that a check of |
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the person's criminal history record information indicates the |
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person may lawfully possess a firearm. |
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(b) A local law enforcement authority that receives a |
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request under Subsection (a) shall: |
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(1) verify that the person holds a license issued |
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under Subchapter H-1, Chapter 411, Government Code; |
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(2) obtain from the person an application for |
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registration that includes: |
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(A) the person's full name, date of birth, social |
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security number, and driver's license number; |
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(B) the address where the person resides; and |
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(C) a recent photograph of the person and a |
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complete set of the person's fingerprints; |
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(3) conduct a check of state and national criminal |
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history record information to verify whether the person may |
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lawfully possess a firearm; and |
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(4) on receipt of the results of the criminal history |
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record check, provide the person with the requested statement or |
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notify the person that the person is prohibited from purchasing a |
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firearm. |
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Sec. 2005.004. QUALIFIED SELLER. A person may sell an |
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assault weapon in this state only if the person is licensed as a |
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firearms dealer under the National Firearms Act. |
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Sec. 2005.005. REQUIREMENTS FOR COMPLETION OF PURCHASE AND |
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SALE. Before completing a sale of an assault weapon in this state, |
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the seller must: |
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(1) require the person making the purchase to display: |
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(A) a license issued to the person under |
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Subchapter H-1, Chapter 411, Government Code; and |
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(B) a statement from the person's local law |
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enforcement authority provided to the person under Section |
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2005.003; |
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(2) ensure that the statement from the person's local |
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law enforcement authority under Subdivision (1)(B) is dated: |
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(A) not earlier than 90 days before the date of |
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purchase; and |
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(B) not later than 30 days before the date of |
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purchase; and |
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(3) collect from the person together with the purchase |
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price of the weapon the tax imposed under Section 166.051, Tax Code, |
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and remit the tax to the comptroller. |
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Sec. 2005.0051. REQUIREMENTS FOR PURCHASE AND SALE |
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COMPLETED BEFORE JANUARY 2014. (a) To complete the sale of an |
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assault weapon in this state before January 1, 2014, the seller |
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must: |
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(1) require the person making the purchase to display: |
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(A) a license issued to the person under |
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Subchapter H, Chapter 411, Government Code; and |
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(B) a statement from the person's local law |
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enforcement authority confirming that a check of the person's |
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criminal history record information indicates the person may |
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lawfully possess a firearm; |
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(2) ensure that the statement from the person's local |
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law enforcement authority under Subdivision (1)(B) is dated: |
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(A) not earlier than the 90th day before the date |
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of purchase; and |
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(B) not later than the 30th day before the date of |
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purchase; and |
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(3) collect from the person together with the purchase |
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price of the weapon the tax imposed under Section 166.051, Tax Code, |
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and remit the tax to the comptroller. |
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(b) A local law enforcement authority that receives a |
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request for a written statement under Subsection (a)(1)(B) shall |
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comply with the requirements described by Section 2005.003(b), |
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except that the local law enforcement authority shall verify that |
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the person holds a license issued under Subchapter H, Chapter 411, |
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Government Code, in lieu of verifying that the person holds a |
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license issued under Subchapter H-1 of that chapter. |
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(c) This section expires January 1, 2014. |
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Sec. 2005.006. CIVIL PENALTY. (a) A person who purchases or |
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sells an assault weapon without meeting the requirements of this |
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chapter is liable for a civil penalty of not more than $500 for each |
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violation. |
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(b) Each sale of a single assault weapon constitutes a |
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separate violation for the purposes of this section. |
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(c) The attorney general may enforce the requirements of |
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this chapter and may sue to collect the civil penalty. The attorney |
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general may recover reasonable expenses incurred in obtaining |
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relief under this section, including court costs, reasonable |
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attorney's fees, investigation costs, witness fees, and deposition |
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expenses. |
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SECTION 3. Subtitle E, Title 2, Tax Code, is amended by |
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adding Chapter 166 to read as follows: |
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CHAPTER 166. ASSAULT WEAPON TAX |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 166.001. DEFINITION. In this chapter, "assault |
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weapon" has the meaning assigned by Section 411.221, Government |
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Code. |
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Sec. 166.002. RULES. The comptroller may adopt rules |
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necessary for the administration of this chapter. |
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SUBCHAPTER B. IMPOSITION AND COLLECTION OF TAX |
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Sec. 166.051. TAX IMPOSED ON ASSAULT WEAPONS. (a) A tax is |
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imposed on each sale of an assault weapon in this state. |
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(b) The amount of the tax is $200 for each sale of a single |
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assault weapon. |
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Sec. 166.052. APPLICATION OF OTHER LAW. Except as provided |
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by this chapter: |
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(1) the tax imposed by this chapter is administered, |
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imposed, collected, and enforced in the same manner as the tax under |
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Chapter 151 is administered, imposed, collected, and enforced; and |
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(2) the provisions of Chapter 151 applicable to the |
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sales tax imposed under Subchapter C, Chapter 151, apply to the tax |
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imposed by this chapter. |
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SECTION 4. (a) Not later than December 1, 2013, the |
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Department of Public Safety shall adopt the rules and establish the |
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procedures required by Section 411.225(b), Government Code, as |
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added by this Act. |
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(b) A license issued under this Act before January 1, 2014, |
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is not effective until January 1, 2014. A license issued before |
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January 1, 2014, shall be clearly marked to reflect the date on |
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which it becomes effective, and the Department of Public Safety |
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shall inform each recipient of a license before that date that the |
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license is not effective until that date. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, Chapter 2005, Business & Commerce Code, as added by this |
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Act, takes effect September 1, 2013. |
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(b) Sections 2005.002, 2005.003, and 2005.005, Business & |
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Commerce Code, as added by this Act, take effect January 1, 2014. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |