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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment and administration of a state |
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ammunition manufacturing facility; granting rulemaking authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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by adding Chapter 490J to read as follows: |
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CHAPTER 490J. TEXAS AMMUNITION MANUFACTURING FACILITY |
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SUBCHAPTER A. ESTABLISHMENT AND ADMINISTRATION OF TEXAS AMMUNITION |
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MANUFACTURING FACILITY |
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Sec. 490J.001. DEFINITIONS. In this chapter: |
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(1) "Ammunition" means a combination of projectiles, |
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cartridges, primers and propellants fired from a handgun or rifle. |
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(2) "Facility operator" means a person selected under |
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Section 490J.002(d) to operate the facility. |
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Sec. 490J.002. TEXAS AMMUNITION MAUFACTURING FACILITY. (a) |
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The Texas Ammunition Manufacturing Facility is established as an |
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agency of this state within the Department of Public Safety. |
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(b) The facility is established to manufacture quality |
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ammunition for use by law enforcement for training and to ensure |
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public safety and the general public for recreational shooting, |
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hunting, self-defense and all other legal purposes as protected by |
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the Second Amendment to the United States Constitution. |
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(c) The department shall have broad authority under this |
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chapter and shall exercise close supervision over the facility to |
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promote and ensure integrity, security, honesty, and fairness in |
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the operation of the facility. |
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(d) The department may contract with or employ a person to |
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perform a function, activity, or service in connection with the |
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facility as necessary to implement this chapter, including but not |
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limited to the construction and operation of the facility. |
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Sec. 490J.003. POWERS AND DUTIES. (a) The facility |
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operator has the powers necessary to carry out the duties of this |
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chapter including the power to enter into contracts and other |
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necessary instruments. |
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(b) The facility operator shall manufacture quality |
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ammunition to be sold to law enforcement agencies at a reasonable |
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price. |
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(c) The facility operator shall sell ammunition to |
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ammunition wholesalers and retailers at a reasonable price. |
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(d) The facility operator may sell component parts of |
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ammunition to other ammunition manufacturers domiciled in Texas, |
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including projectiles, cartridges, primers and propellants. |
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(e) The facility operator may print the state seal, state |
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arms, or the state flag on packaging for ammunition manufactured by |
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the facility. |
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(f) All ammunition manufactured by the facility must contain |
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the words "Made in Texas" on the packaging. |
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Sec. 490J.004. CERTAIN ACTIONS PROHIBITED. The facility |
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may not take any of the following actions: |
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(1) sell ammunition manufactured by the facility or any |
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component parts directly to consumers; |
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(2) sell ammunition or any component parts to foreign |
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countries. |
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Sec. 490J.005. RULEMAKING. The department may adopt rules |
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as necessary to implement this chapter. |
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Sec. 490J.006. TAXES. Ammunition sold by the facility to |
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law enforcement agencies in Texas is not subject to state or local |
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sales and use tax. |
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Sec. 490J.007. ANNUAL REPORT. The department shall submit |
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to the governor and the legislature a report on the status, |
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condition, operations, and prospects for the facility each year not |
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later than December 1st. |
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Sec. 490J.008. USE OF SALES AND USE TAX FUNDS. All sales |
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and use tax revenue generated by this chapter shall be dedicated to |
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programs for law enforcement training, school safety and border |
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security. |
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SECTION 2. 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, 2023. |