88R25210 JCG-F
By: Troxclair, Guillen, Garcia, Isaac, H.B. No. 3539
Harris of Williamson, et al.
Substitute the following for H.B. No. 3539:
By: Dorazio C.S.H.B. No. 3539
A BILL TO BE ENTITLED
AN ACT
relating to the establishment and operation of an ammunition
facility by the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter S to read as follows:
SUBCHAPTER S. TEXAS AMMUNITION FACILITY
Sec. 411.551. DEFINITIONS. In this subchapter:
(1) "Ammunition" means a combination of projectiles,
cartridges, primers, and propellants designed to be discharged from
a firearm.
(2) "Facility" means the Texas ammunition facility
established under this subchapter.
(3) "Facility operator" means the person selected
under Section 411.552 to operate the facility.
(4) "Law enforcement officer" means a person who is a
peace officer under Article 2.12, Code of Criminal Procedure.
(5) "Law enforcement officer trainee" means a person
enrolled in the basic peace officer training course required for
the issuance of a peace officer license under Chapter 1701,
Occupations Code.
(6) "Quality ammunition" means ammunition that meets
the minimum safety specifications of the Sporting Arms and
Ammunition Manufacturers' Institute for the caliber and type of
cartridge manufactured, as specified.
Sec. 411.552. TEXAS AMMUNITION FACILITY. (a) The
department shall contract with a person to establish and operate a
facility that acquires, stores, and resells to law enforcement
agencies quality ammunition to ensure the availability of
ammunition for use by those agencies for training and public safety
with a preference for law enforcement officers and law enforcement
officer trainees.
(b) The department shall closely supervise the facility to
promote and ensure integrity, security, honesty, and fairness in
the operation of the facility.
Sec. 411.553. CERTAIN CONTRACT PROVISIONS REQUIRED. A
contract under this subchapter for the acquisition, storage, and
resale of quality ammunition must include provisions requiring:
(1) the ammunition to be manufactured in this state;
and
(2) the packaging for the ammunition to:
(A) bear the state seal, state arms, or state
flag; and
(B) state "Made in Texas".
Sec. 411.554. FACILITY OPERATOR POWERS AND DUTIES. (a) The
facility operator has the powers necessary to carry out the duties
imposed on the operator under a contract entered into under this
subchapter.
(b) The facility operator shall acquire and store quality
ammunition to be resold at a reasonable price only to law
enforcement agencies with a preference for use by law enforcement
officers and law enforcement officer trainees.
(c) The facility operator shall acquire and store
sufficient quality ammunition to prepare for potential future
shortages of ammunition from other sources.
Sec. 411.555. CERTAIN SALES PROHIBITED. The facility may
not sell ammunition or any component parts to any person except a
law enforcement agency in this state.
Sec. 411.556. DEDICATION OF REVENUE. Any proceeds
collected by the department under a contract awarded under this
subchapter shall be deposited in the general revenue fund to the
credit of the law enforcement officer standards and education fund
account and may be appropriated only for the purposes described by
this subchapter or Section 1701.157, Occupations Code.
Sec. 411.557. ANNUAL REPORT. Not later than December 1 of
each year, the department shall submit a report to the governor and
the legislature on the condition, operation, and projected business
activity of the facility.
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.