Texas 2019 - 86th Regular

Texas House Bill HB38 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R1485 JCG-D
2	2	By: Canales H.B. No. 38
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the manufacture, assembly, or ownership of
8	8	unmarked firearms; creating a criminal offense; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 411, Government Code, is amended by
11	11	adding Subchapter H-1 to read as follows:
12	12	SUBCHAPTER H-1. MARKING OF UNMARKED FIREARMS REQUIRED
13	13	Sec. 411.221. DEFINITION. In this subchapter, "firearm"
14	14	has the meaning assigned by Section 46.01, Penal Code.
15	15	Sec. 411.222. APPLICABILITY. (a) Except as provided by
16	16	Subsections (b) and (c), this subchapter applies only to a firearm
17	17	that has not been:
18	18	(1) assigned a unique serial number or other mark of
19	19	identification under federal law or the law of this state or another
20	20	state; and
21	21	(2) marked with that serial number or mark in a manner
22	22	that meets or exceeds the requirements imposed under federal law on
23	23	licensed importers and licensed manufacturers of firearms for
24	24	marking imported or manufactured firearms with a serial number.
25	25	(b) This subchapter does not apply to:
26	26	(1) a firearm, other than a handgun, manufactured or
27	27	assembled before December 16, 1968;
28	28	(2) a firearm that is a curio or relic, as those terms
29	29	are defined by 27 C.F.R. Section 478.11, or an antique firearm, as
30	30	that term is defined by 27 C.F.R. Section 479.11; or
31	31	(3) a firearm assigned a unique serial number or other
32	32	mark of identification for the purpose of entering a description of
33	33	the firearm into a criminal intelligence database.
34	34	(c) This subchapter does not apply to the importation or
35	35	manufacture of a firearm by a person licensed under federal law to
36	36	engage in the business of importing or manufacturing firearms, if
37	37	the firearms imported or manufactured by that person are marked
38	38	with a unique serial number in compliance with federal law.
39	39	Sec. 411.223. RULEMAKING AUTHORITY; ADMINISTRATION. (a)
40	40	The director shall adopt rules necessary to implement this
41	41	subchapter.
42	42	(b) The department shall:
43	43	(1) administer this subchapter and the rules adopted
44	44	by the director under Subsection (a); and
45	45	(2) take action necessary to ensure compliance with
46	46	this subchapter.
47	47	Sec. 411.224. FEE. To cover the cost of administering this
48	48	subchapter, the department may collect a reasonable fee from an
49	49	applicant for a unique serial number or other mark of
50	50	identification under this subchapter.
51	51	Sec. 411.225. MARKING REQUIREMENTS FOR MANUFACTURING OR
52	52	ASSEMBLING FIREARMS. A person who manufactures or assembles a
53	53	firearm to which this subchapter applies shall:
54	54	(1) before manufacturing or assembling the firearm,
55	55	apply to the department for a unique serial number or other mark of
56	56	identification;
57	57	(2) not later than the 10th day after the date of
58	58	manufacturing or assembling the firearm or the date of receiving a
59	59	serial number or mark provided by the department, whichever is
60	60	later:
61	61	(A) in a manner that meets or exceeds the
62	62	requirements described by Section 411.222(a)(2), permanently affix
63	63	to the firearm the serial number or mark provided by the department;
64	64	or
65	65	(B) if the firearm is composed primarily of parts
66	66	made out of plastic, permanently affix to a piece of steel the
67	67	serial number or mark provided by the department and embed that
68	68	marked piece of steel in the firearm in a manner that meets or
69	69	exceeds the requirements of the Undetectable Firearms Act of 1988
70	70	(18 U.S.C. Section 922(p)) and the requirements described by
71	71	Section 411.222(a)(2); and
72	72	(3) after permanently affixing to the firearm the
73	73	serial number or mark provided by the department, as described by
74	74	Subdivision (2), notify the department in a manner prescribed by
75	75	the department:
76	76	(A) that the serial number or mark has been
77	77	affixed to the firearm; and
78	78	(B) of the name of the owner of the firearm.
79	79	Sec. 411.226. MARKING REQUIREMENTS FOR UNMARKED FIREARMS.
80	80	(a) Except as provided by Subsection (b), a person who owns a
81	81	firearm to which this subchapter applies shall, not later than the
82	82	30th day after the date the person acquires the firearm or enters
83	83	this state with the firearm:
84	84	(1) apply to the department for a unique serial number
85	85	or other mark of identification;
86	86	(2) not later than the 10th day after the date of
87	87	receiving a serial number or mark provided by the department:
88	88	(A) in a manner that meets or exceeds the
89	89	requirements described by Section 411.222(a)(2), permanently affix
90	90	to the firearm the serial number or mark provided by the department;
91	91	or
92	92	(B) if the firearm is composed primarily of parts
93	93	made out of plastic, permanently affix to a piece of steel the
94	94	serial number or mark provided by the department and embed that
95	95	marked piece of steel in the firearm in a manner that meets or
96	96	exceeds the requirements of the Undetectable Firearms Act of 1988
97	97	(18 U.S.C. Section 922(p)) and the requirements described by
98	98	Section 411.222(a)(2); and
99	99	(3) after permanently affixing to the firearm the
100	100	serial number or mark provided by the department, as described by
101	101	Subdivision (2), notify the department in a manner prescribed by
102	102	the department:
103	103	(A) that the serial number or mark has been
104	104	affixed to the firearm; and
105	105	(B) of the name of the owner of the firearm.
106	106	(b) A person who owns a firearm to which this subchapter
107	107	applies, who has obtained for that firearm a unique serial number or
108	108	other mark of identification as described by Section 411.222(a)(1),
109	109	but who has not yet permanently affixed the number or mark to the
110	110	firearm, promptly shall permanently affix the applicable number or
111	111	mark to the firearm as provided by Subsection (a)(2)(A) or (B).
112	112	Sec. 411.227. SALE OR TRANSFER OF UNMARKED FIREARMS
113	113	PROHIBITED; EXCEPTION; DUTY TO DESTROY. (a) A person may not sell
114	114	or otherwise transfer ownership of a firearm to which this
115	115	subchapter applies unless the person sells or otherwise transfers
116	116	ownership of the firearm to a law enforcement agency.
117	117	(b) Notwithstanding Article 18.18, 18.19, or 18.191, Code
118	118	of Criminal Procedure, a law enforcement agency that purchases or
119	119	otherwise obtains ownership of a firearm to which this subchapter
120	120	applies shall destroy the firearm.
121	121	Sec. 411.228. SERIAL NUMBER ISSUANCE; APPLICATION. (a) The
122	122	department shall issue a unique serial number or other mark of
123	123	identification to an applicant who meets all the eligibility
124	124	requirements and submits all the application materials as described
125	125	by this subchapter.
126	126	(b) An applicant for a unique serial number or other mark of
127	127	identification must:
128	128	(1) on each occasion the applicant requests a serial
129	129	number or mark for a firearm to which this subchapter applies,
130	130	provide the department information sufficient to enable the
131	131	department to determine that the applicant is not prohibited by
132	132	state or federal law from possessing each firearm included in the
133	133	application;
134	134	(2) provide proof of identity and age showing that the
135	135	applicant is 18 years of age or older;
136	136	(3) provide a description of the firearm to which this
137	137	subchapter applies that the applicant owns or intends to
138	138	manufacture or assemble;
139	139	(4) provide any other information the department may
140	140	require; and
141	141	(5) pay any applicable fee prescribed by the
142	142	department.
143	143	(c) The department shall review and either approve or deny
144	144	an application not later than the 15th day after the date the
145	145	department receives the application. The department shall notify
146	146	the applicant in writing if the department denies the application
147	147	and include a detailed description of the reason for the denial.
148	148	Sec. 411.229. OFFENSE. (a) A person commits an offense if
149	149	the person:
150	150	(1) manufactures or assembles a firearm to which this
151	151	subchapter applies and fails to comply with Section 411.225;
152	152	(2) owns a firearm to which this subchapter applies
153	153	and fails to comply with Section 411.226; or
154	154	(3) in violation of Section 411.227, sells or
155	155	otherwise transfers ownership of a firearm to which this subchapter
156	156	applies.
157	157	(b) An offense under this section is a Class B misdemeanor,
158	158	except that the offense is a Class A misdemeanor if the firearm is a
159	159	handgun.
160	160	(c) For purposes of this section, each firearm
161	161	manufactured, assembled, or owned in violation of this subchapter
162	162	is a separate offense.
163	163	(d) If conduct that constitutes an offense under this
164	164	section also constitutes an offense under any other law, the actor
165	165	may be prosecuted under this section, the other law, or both.
166	166	Sec. 411.230. PUBLIC INFORMATION. The department shall
167	167	make available on the department's Internet website:
168	168	(1) the number of unique serial numbers or other marks
169	169	of identification issued under this subchapter; and
170	170	(2) the number of arrests and convictions for an
171	171	offense under Section 411.229.
172	172	SECTION 2. As soon as practicable after September 1, 2019,
173	173	the Department of Public Safety of the State of Texas shall adopt
174	174	rules as required by Subchapter H-1, Government Code, as added by
175	175	this Act.
176	176	SECTION 3. (a) Except as provided by Subsections (b) and (c)
177	177	of this section, this Act takes effect September 1, 2019.
178	178	(b) Sections 411.225 and 411.229(a)(1), Government Code, as
179	179	added by this Act, take effect September 1, 2021.
180	180	(c) Sections 411.226 and 411.229(a)(2), Government Code, as
181	181	added by this Act, take effect September 1, 2022.