83R6168 PEP-D

By: Coleman H.B. No. 3325

A BILL TO BE ENTITLED

AN ACT

relating to the regulation or prohibition of certain assault weapons; imposing a tax and a license fee; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 411, Government Code, is amended by adding Subchapter H-1 to read as follows:

SUBCHAPTER H-1. LICENSE TO PURCHASE ASSAULT WEAPON

Sec. 411.221. DEFINITION OF ASSAULT WEAPON. (a) In this subchapter, "assault weapon" means:

(1) a semiautomatic rifle that has the capacity to accept a detachable magazine that holds more than five rounds of ammunition and has:

(A) a pistol grip that protrudes conspicuously beneath the action of the firearm;

(B) a folding or telescoping stock;

(C) a thumbhole stock;

(D) a second handgrip or a protruding grip that can be held by the non-trigger hand;

(E) a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator; or

(F) a grenade launcher;

(2) a semiautomatic shotgun that has a fixed magazine, or the capacity to accept a detachable magazine, that holds more than five rounds of ammunition and has:

(A) a folding or telescoping stock;

(B) a thumbhole stock;

(C) a second handgrip or a protruding grip that can be held by the non-trigger hand; or

(D) a fixed magazine that holds more than seven rounds of ammunition;

(3) a semiautomatic pistol that has the capacity to accept a detachable magazine and has:

(A) a folding or telescoping stock;

(B) a thumbhole stock;

(C) a second handgrip or a protruding grip that can be held by the non-trigger hand;

(D) an ammunition magazine that attaches to the pistol outside of the pistol grip;

(E) a threaded barrel capable of accepting a flash suppressor, barrel extender, forward handgrip, or silencer;

(F) a shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned;

(G) a manufactured weight of 50 ounces or more when the firearm is unloaded; or

(H) a semiautomatic version of an automatic rifle, shotgun, or other firearm; or

(4) a revolving cylinder shotgun.

(b) For purposes of this subchapter, "assault weapon" does not include:

(1) any rifle, shotgun, or pistol that:

(A) is manually operated by bolt, pump, lever, or slide action;

(B) has been rendered permanently inoperable; or

(C) is an antique firearm; or

(2) any revolving cylinder shotgun that was in the possession of its owner before September 1, 2013.

Sec. 411.222. APPLICATION; ELIGIBILITY. (a) A person may apply to the department for a license to purchase an assault weapon.

(b) A person is eligible for a license to purchase an assault weapon if the person:

(1) submits to the department all of the application materials required for a license to carry a concealed handgun under Section 411.174, except that:

(A) the nonrefundable application and license fee is in the amount of $200; and

(B) in lieu of the evidence of handgun proficiency, the applicant must submit evidence satisfactory to the department of the applicant's ability to exercise sound judgment with respect to the proper use and storage of an assault weapon; and

(2) is found by the department, following a review of the application materials conducted in the manner described by Section 411.176, to fulfill all the eligibility requirements for a license to carry a concealed handgun under Section 411.172.

Sec. 411.223. ISSUANCE OR DENIAL OF LICENSE. (a) The department shall issue a license to purchase an assault weapon to an applicant if the applicant meets all of the eligibility requirements and submits all of the application materials. The department may not deny an application on the basis of a capricious or arbitrary decision by the department.

(b) The department shall, not later than the 60th day after the date of receipt of the completed application materials:

(1) issue the license;

(2) notify the applicant in writing that the application was denied because the applicant failed to:

(A) submit evidence satisfactory to the department of the applicant's ability to exercise sound judgment with respect to the proper use and storage of an assault weapon; or

(B) fulfill all of the eligibility requirements; or

(3) notify the applicant in writing that the department is unable to make a determination regarding the issuance or denial of a license to the applicant within the 60-day period prescribed by this subsection and include in that notification an explanation of the reason for the inability and an estimation of the amount of time the department will need to make the determination.

(c) Failure of the department to issue or deny a license for a period of more than 30 days after the department is required to act under Subsection (b) constitutes denial.

Sec. 411.224. EXPIRATION AND RENEWAL OF LICENSE. (a) A license issued under this subchapter expires on the second anniversary of the date of issuance.

(b) To renew a license, a license holder must submit to the department:

(1) an application for renewal on a form provided by the department;

(2) payment of a nonrefundable renewal fee of $25.

(c) The director by rule shall adopt a renewal application form requiring an update of the information on the original completed application with respect to:

(1) the applicant's state and federal criminal history record information and eligibility under applicable federal and state law to possess a firearm; and

(2) whether the applicant is currently restricted under a court protective order or subject to a restraining order.

(d) The department shall renew the license of a license holder who meets the eligibility requirements and submits the renewal materials. Not later than the 45th day after receipt of the renewal materials, the department shall issue the renewal or notify the license holder in writing that the renewal application was denied.

Sec. 411.225. STANDARDS AND PROCEDURAL REQUIREMENTS; RULES. (a) The following provisions apply to a license issued under this subchapter, except to the extent that the provisions are inapplicable by their nature:

(1) notification of denial, revocation, or suspension of license; review (Section 411.180);

(2) notice of change of address or name (Section 411.181);

(3) notice (Section 411.182);

(4) modification (Section 411.184);

(5) revocation (Section 411.186);

(6) suspension of license (Section 411.187); and

(7) confidentiality of records (Section 411.192).

(b) The department shall adopt any other rule or establish any other procedure necessary or appropriate to administer this subchapter.

SECTION 2. Title 99, Business & Commerce Code, is amended by adding Chapter 2005 to read as follows:

CHAPTER 2005. TRANSFER OF ASSAULT WEAPONS

Sec. 2005.001. DEFINITIONS. In this chapter:

(1) "Assault weapon" has the meaning assigned by Section 411.221, Government Code.

(2) "Department" means the Department of Public Safety.

(3) "Local law enforcement authority" means the office of the chief of police of a municipality or the office of the sheriff of a county.

Sec. 2005.002. PREREQUISITES TO PURCHASE. Before a person may purchase an assault weapon in this state, the person must:

(1) obtain a license issued under Subchapter H-1, Chapter 411, Government Code; and

(2) in accordance with Section 2005.003, register with and obtain a written statement from the local law enforcement authority in:

(A) the municipality in which the person resides; or

(B) the county in which the person resides, if the person does not reside within a municipality.

Sec. 2005.003. REGISTRATION WITH AND STATEMENT FROM LOCAL LAW ENFORCEMENT AUTHORITY. (a) A person who holds a license issued under Subchapter H-1, Chapter 411, Government Code, and who registers with the local law enforcement authority in the municipality or county in which the person resides, as applicable, may request the local law enforcement authority to provide the person with a written and dated statement confirming that a check of the person's criminal history record information indicates the person may lawfully possess a firearm.

(b) A local law enforcement authority that receives a request under Subsection (a) shall:

(1) verify that the person holds a license issued under Subchapter H-1, Chapter 411, Government Code;

(2) obtain from the person an application for registration that includes:

(A) the person's full name, date of birth, social security number, and driver's license number;

(B) the address where the person resides; and

(C) a recent photograph of the person and a complete set of the person's fingerprints;

(3) conduct a check of state and national criminal history record information to verify whether the person may lawfully possess a firearm; and

(4) on receipt of the results of the criminal history record check, provide the person with the requested statement or notify the person that the person is prohibited from purchasing a firearm.

Sec. 2005.004. QUALIFIED SELLER. A person may sell an assault weapon in this state only if the person is licensed as a firearms dealer under the National Firearms Act.

Sec. 2005.005. REQUIREMENTS FOR COMPLETION OF PURCHASE AND SALE. Before completing a sale of an assault weapon in this state, the seller must:

(1) require the person making the purchase to display:

(A) a license issued to the person under Subchapter H-1, Chapter 411, Government Code; and

(B) a statement from the person's local law enforcement authority provided to the person under Section 2005.003;

(2) ensure that the statement from the person's local law enforcement authority under Subdivision (1)(B) is dated:

(A) not earlier than 90 days before the date of purchase; and

(B) not later than 30 days before the date of purchase; and

(3) collect from the person together with the purchase price of the weapon the tax imposed under Section 166.051, Tax Code, and remit the tax to the comptroller.

Sec. 2005.0051. REQUIREMENTS FOR PURCHASE AND SALE COMPLETED BEFORE JANUARY 2014. (a) To complete the sale of an assault weapon in this state before January 1, 2014, the seller must:

(1) require the person making the purchase to display:

(A) a license issued to the person under Subchapter H, Chapter 411, Government Code; and

(B) a statement from the person's local law enforcement authority confirming that a check of the person's criminal history record information indicates the person may lawfully possess a firearm;

(2) ensure that the statement from the person's local law enforcement authority under Subdivision (1)(B) is dated:

(A) not earlier than the 90th day before the date of purchase; and

(B) not later than the 30th day before the date of purchase; and

(3) collect from the person together with the purchase price of the weapon the tax imposed under Section 166.051, Tax Code, and remit the tax to the comptroller.

(b) A local law enforcement authority that receives a request for a written statement under Subsection (a)(1)(B) shall comply with the requirements described by Section 2005.003(b), except that the local law enforcement authority shall verify that the person holds a license issued under Subchapter H, Chapter 411, Government Code, in lieu of verifying that the person holds a license issued under Subchapter H-1 of that chapter.

(c) This section expires January 1, 2014.

Sec. 2005.006. CIVIL PENALTY. (a) A person who purchases or sells an assault weapon without meeting the requirements of this chapter is liable for a civil penalty of not more than $500 for each violation.

(b) Each sale of a single assault weapon constitutes a separate violation for the purposes of this section.

(c) The attorney general may enforce the requirements of this chapter and may sue to collect the civil penalty. The attorney general may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigation costs, witness fees, and deposition expenses.

SECTION 3. Subtitle E, Title 2, Tax Code, is amended by adding Chapter 166 to read as follows:

CHAPTER 166. ASSAULT WEAPON TAX

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 166.001. DEFINITION. In this chapter, "assault weapon" has the meaning assigned by Section 411.221, Government Code.

Sec. 166.002. RULES. The comptroller may adopt rules necessary for the administration of this chapter.

SUBCHAPTER B. IMPOSITION AND COLLECTION OF TAX

Sec. 166.051. TAX IMPOSED ON ASSAULT WEAPONS. (a) A tax is imposed on each sale of an assault weapon in this state.

(b) The amount of the tax is $200 for each sale of a single assault weapon.

Sec. 166.052. APPLICATION OF OTHER LAW. Except as provided by this chapter:

(1) the tax imposed by this chapter is administered, imposed, collected, and enforced in the same manner as the tax under Chapter 151 is administered, imposed, collected, and enforced; and

(2) the provisions of Chapter 151 applicable to the sales tax imposed under Subchapter C, Chapter 151, apply to the tax imposed by this chapter.

SECTION 4. (a) Not later than December 1, 2013, the Department of Public Safety shall adopt the rules and establish the procedures required by Section 411.225(b), Government Code, as added by this Act.

(b) A license issued under this Act before January 1, 2014, is not effective until January 1, 2014. A license issued before January 1, 2014, shall be clearly marked to reflect the date on which it becomes effective, and the Department of Public Safety shall inform each recipient of a license before that date that the license is not effective until that date.

SECTION 5. (a) Except as provided by Subsection (b) of this section, Chapter 2005, Business & Commerce Code, as added by this Act, takes effect September 1, 2013.

(b) Sections 2005.002, 2005.003, and 2005.005, Business & Commerce Code, as added by this Act, take effect January 1, 2014.

SECTION 6. 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.