Texas 2021 - 87th Regular

Texas House Bill HB2402 Latest Draft

Bill / Introduced Version Filed 02/26/2021

                            87R6856 CJC-D
 By: Price H.B. No. 2402


 A BILL TO BE ENTITLED
 AN ACT
 relating to a prohibition on additional state and local taxes,
 assessments, and fees on ammunition, firearms, and firearm
 supplies.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 101, Tax Code, is amended by adding
 Section 101.010 to read as follows:
 Sec. 101.010.  LIMITATION: TAXES IMPOSED ON AMMUNITION,
 FIREARMS, AND FIREARM SUPPLIES. (a) In this section:
 (1)  "Ammunition" has the meaning assigned by Section
 229.001, Local Government Code.
 (2)  "Firearm supplies" means items specifically
 designed or adapted to:
 (A)  carry, clean, holster, or store a firearm; or
 (B)  be affixed to a firearm to improve the
 functioning or capabilities of the firearm.
 (b)  Notwithstanding any other law, the state may not impose
 a tax on a sale of or an authorization to obtain or possess
 ammunition, firearms, or firearm supplies other than a tax
 specifically authorized by state law in effect on January 1, 2020.
 SECTION 2.  Chapter 301, Tax Code, is amended by adding
 Section 301.005 to read as follows:
 Sec. 301.005.  LIMITATION: TAXES, ASSESSMENTS, FEES, AND
 OTHER CHARGES IMPOSED ON AMMUNITION, FIREARMS, AND FIREARM
 SUPPLIES. (a) In this section:
 (1)  "Ammunition" and "firearm supplies" have the
 meanings assigned by Section 101.010.
 (2)  "Local government" means a municipality, county,
 or other political subdivision of this state.
 (b)  Notwithstanding any other law, a local government may
 not impose a tax, assessment, fee, or other charge, including an
 application, license, or registration fee, on a sale of or an
 authorization to obtain or possess ammunition, firearms, or firearm
 supplies other than a tax, assessment, fee, or other charge
 specifically authorized by state law in effect on January 1, 2020.
 SECTION 3.  An order, ordinance, or resolution adopted on or
 after January 1, 2020, and before the effective date of this Act by
 the governing body of a political subdivision of this state
 imposing a tax, assessment, fee, or other charge on a sale of or an
 authorization to obtain or possess ammunition, firearms, or firearm
 supplies that would be prohibited under Section 301.005, Tax Code,
 as added by this Act, is void on the effective date of this Act.
 SECTION 4.  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, 2021.