| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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. |