86R1485 JCG-D
By: Canales H.B. No. 38
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the manufacture, assembly, or ownership of
unmarked firearms; creating a criminal offense; authorizing a fee.
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. MARKING OF UNMARKED FIREARMS REQUIRED
Sec. 411.221. DEFINITION. In this subchapter, "firearm"
has the meaning assigned by Section 46.01, Penal Code.
Sec. 411.222. APPLICABILITY. (a) Except as provided by
Subsections (b) and (c), this subchapter applies only to a firearm
that has not been:
(1) assigned a unique serial number or other mark of
identification under federal law or the law of this state or another
state; and
(2) marked with that serial number or mark in a manner
that meets or exceeds the requirements imposed under federal law on
licensed importers and licensed manufacturers of firearms for
marking imported or manufactured firearms with a serial number.
(b) This subchapter does not apply to:
(1) a firearm, other than a handgun, manufactured or
assembled before December 16, 1968;
(2) a firearm that is a curio or relic, as those terms
are defined by 27 C.F.R. Section 478.11, or an antique firearm, as
that term is defined by 27 C.F.R. Section 479.11; or
(3) a firearm assigned a unique serial number or other
mark of identification for the purpose of entering a description of
the firearm into a criminal intelligence database.
(c) This subchapter does not apply to the importation or
manufacture of a firearm by a person licensed under federal law to
engage in the business of importing or manufacturing firearms, if
the firearms imported or manufactured by that person are marked
with a unique serial number in compliance with federal law.
Sec. 411.223. RULEMAKING AUTHORITY; ADMINISTRATION. (a)
The director shall adopt rules necessary to implement this
subchapter.
(b) The department shall:
(1) administer this subchapter and the rules adopted
by the director under Subsection (a); and
(2) take action necessary to ensure compliance with
this subchapter.
Sec. 411.224. FEE. To cover the cost of administering this
subchapter, the department may collect a reasonable fee from an
applicant for a unique serial number or other mark of
identification under this subchapter.
Sec. 411.225. MARKING REQUIREMENTS FOR MANUFACTURING OR
ASSEMBLING FIREARMS. A person who manufactures or assembles a
firearm to which this subchapter applies shall:
(1) before manufacturing or assembling the firearm,
apply to the department for a unique serial number or other mark of
identification;
(2) not later than the 10th day after the date of
manufacturing or assembling the firearm or the date of receiving a
serial number or mark provided by the department, whichever is
later:
(A) in a manner that meets or exceeds the
requirements described by Section 411.222(a)(2), permanently affix
to the firearm the serial number or mark provided by the department;
or
(B) if the firearm is composed primarily of parts
made out of plastic, permanently affix to a piece of steel the
serial number or mark provided by the department and embed that
marked piece of steel in the firearm in a manner that meets or
exceeds the requirements of the Undetectable Firearms Act of 1988
(18 U.S.C. Section 922(p)) and the requirements described by
Section 411.222(a)(2); and
(3) after permanently affixing to the firearm the
serial number or mark provided by the department, as described by
Subdivision (2), notify the department in a manner prescribed by
the department:
(A) that the serial number or mark has been
affixed to the firearm; and
(B) of the name of the owner of the firearm.
Sec. 411.226. MARKING REQUIREMENTS FOR UNMARKED FIREARMS.
(a) Except as provided by Subsection (b), a person who owns a
firearm to which this subchapter applies shall, not later than the
30th day after the date the person acquires the firearm or enters
this state with the firearm:
(1) apply to the department for a unique serial number
or other mark of identification;
(2) not later than the 10th day after the date of
receiving a serial number or mark provided by the department:
(A) in a manner that meets or exceeds the
requirements described by Section 411.222(a)(2), permanently affix
to the firearm the serial number or mark provided by the department;
or
(B) if the firearm is composed primarily of parts
made out of plastic, permanently affix to a piece of steel the
serial number or mark provided by the department and embed that
marked piece of steel in the firearm in a manner that meets or
exceeds the requirements of the Undetectable Firearms Act of 1988
(18 U.S.C. Section 922(p)) and the requirements described by
Section 411.222(a)(2); and
(3) after permanently affixing to the firearm the
serial number or mark provided by the department, as described by
Subdivision (2), notify the department in a manner prescribed by
the department:
(A) that the serial number or mark has been
affixed to the firearm; and
(B) of the name of the owner of the firearm.
(b) A person who owns a firearm to which this subchapter
applies, who has obtained for that firearm a unique serial number or
other mark of identification as described by Section 411.222(a)(1),
but who has not yet permanently affixed the number or mark to the
firearm, promptly shall permanently affix the applicable number or
mark to the firearm as provided by Subsection (a)(2)(A) or (B).
Sec. 411.227. SALE OR TRANSFER OF UNMARKED FIREARMS
PROHIBITED; EXCEPTION; DUTY TO DESTROY. (a) A person may not sell
or otherwise transfer ownership of a firearm to which this
subchapter applies unless the person sells or otherwise transfers
ownership of the firearm to a law enforcement agency.
(b) Notwithstanding Article 18.18, 18.19, or 18.191, Code
of Criminal Procedure, a law enforcement agency that purchases or
otherwise obtains ownership of a firearm to which this subchapter
applies shall destroy the firearm.
Sec. 411.228. SERIAL NUMBER ISSUANCE; APPLICATION. (a) The
department shall issue a unique serial number or other mark of
identification to an applicant who meets all the eligibility
requirements and submits all the application materials as described
by this subchapter.
(b) An applicant for a unique serial number or other mark of
identification must:
(1) on each occasion the applicant requests a serial
number or mark for a firearm to which this subchapter applies,
provide the department information sufficient to enable the
department to determine that the applicant is not prohibited by
state or federal law from possessing each firearm included in the
application;
(2) provide proof of identity and age showing that the
applicant is 18 years of age or older;
(3) provide a description of the firearm to which this
subchapter applies that the applicant owns or intends to
manufacture or assemble;
(4) provide any other information the department may
require; and
(5) pay any applicable fee prescribed by the
department.
(c) The department shall review and either approve or deny
an application not later than the 15th day after the date the
department receives the application. The department shall notify
the applicant in writing if the department denies the application
and include a detailed description of the reason for the denial.
Sec. 411.229. OFFENSE. (a) A person commits an offense if
the person:
(1) manufactures or assembles a firearm to which this
subchapter applies and fails to comply with Section 411.225;
(2) owns a firearm to which this subchapter applies
and fails to comply with Section 411.226; or
(3) in violation of Section 411.227, sells or
otherwise transfers ownership of a firearm to which this subchapter
applies.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is a Class A misdemeanor if the firearm is a
handgun.
(c) For purposes of this section, each firearm
manufactured, assembled, or owned in violation of this subchapter
is a separate offense.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
Sec. 411.230. PUBLIC INFORMATION. The department shall
make available on the department's Internet website:
(1) the number of unique serial numbers or other marks
of identification issued under this subchapter; and
(2) the number of arrests and convictions for an
offense under Section 411.229.
SECTION 2. As soon as practicable after September 1, 2019,
the Department of Public Safety of the State of Texas shall adopt
rules as required by Subchapter H-1, Government Code, as added by
this Act.
SECTION 3. (a) Except as provided by Subsections (b) and (c)
of this section, this Act takes effect September 1, 2019.
(b) Sections 411.225 and 411.229(a)(1), Government Code, as
added by this Act, take effect September 1, 2021.
(c) Sections 411.226 and 411.229(a)(2), Government Code, as
added by this Act, take effect September 1, 2022.