| 1 | 1 | | By: Troxclair, Guillen, Garcia, Isaac, H.B. No. 3539 |
|---|
| 2 | 2 | | Harris of Williamson, et al. |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the establishment and operation of an ammunition |
|---|
| 8 | 8 | | facility by the Department of Public Safety. |
|---|
| 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 S to read as follows: |
|---|
| 12 | 12 | | SUBCHAPTER S. TEXAS AMMUNITION FACILITY |
|---|
| 13 | 13 | | Sec. 411.551. DEFINITIONS. In this subchapter: |
|---|
| 14 | 14 | | (1) "Ammunition" means a combination of projectiles, |
|---|
| 15 | 15 | | cartridges, primers, and propellants designed to be discharged from |
|---|
| 16 | 16 | | a firearm. |
|---|
| 17 | 17 | | (2) "Facility" means the Texas ammunition facility |
|---|
| 18 | 18 | | established under this subchapter. |
|---|
| 19 | 19 | | (3) "Facility operator" means the person selected |
|---|
| 20 | 20 | | under Section 411.552 to operate the facility. |
|---|
| 21 | 21 | | (4) "Law enforcement officer" means a person who is a |
|---|
| 22 | 22 | | peace officer under Article 2.12, Code of Criminal Procedure. |
|---|
| 23 | 23 | | (5) "Law enforcement officer trainee" means a person |
|---|
| 24 | 24 | | enrolled in the basic peace officer training course required for |
|---|
| 25 | 25 | | the issuance of a peace officer license under Chapter 1701, |
|---|
| 26 | 26 | | Occupations Code. |
|---|
| 27 | 27 | | (6) "Quality ammunition" means ammunition that meets |
|---|
| 28 | 28 | | the minimum safety specifications of the Sporting Arms and |
|---|
| 29 | 29 | | Ammunition Manufacturers' Institute for the caliber and type of |
|---|
| 30 | 30 | | cartridge manufactured, as specified. |
|---|
| 31 | 31 | | Sec. 411.552. TEXAS AMMUNITION FACILITY. (a) The |
|---|
| 32 | 32 | | department shall contract with a person to establish and operate a |
|---|
| 33 | 33 | | facility that acquires, stores, and resells to law enforcement |
|---|
| 34 | 34 | | agencies quality ammunition to ensure the availability of |
|---|
| 35 | 35 | | ammunition for use by those agencies for training and public safety |
|---|
| 36 | 36 | | with a preference for law enforcement officers and law enforcement |
|---|
| 37 | 37 | | officer trainees. |
|---|
| 38 | 38 | | (b) The department shall closely supervise the facility to |
|---|
| 39 | 39 | | promote and ensure integrity, security, honesty, and fairness in |
|---|
| 40 | 40 | | the operation of the facility. |
|---|
| 41 | 41 | | Sec. 411.553. CERTAIN CONTRACT PROVISIONS REQUIRED. A |
|---|
| 42 | 42 | | contract under this subchapter for the acquisition, storage, and |
|---|
| 43 | 43 | | resale of quality ammunition must include provisions requiring: |
|---|
| 44 | 44 | | (1) the person who establishes and operates the |
|---|
| 45 | 45 | | facility to give a preference when acquiring quality ammunition to |
|---|
| 46 | 46 | | manufacturers who manufacture ammunition in this state; and |
|---|
| 47 | 47 | | (2) the packaging for the ammunition to: |
|---|
| 48 | 48 | | (A) bear the state seal, state arms, or state |
|---|
| 49 | 49 | | flag; and |
|---|
| 50 | 50 | | (B) state "Made in Texas". |
|---|
| 51 | 51 | | Sec. 411.554. FACILITY OPERATOR POWERS AND DUTIES. (a) The |
|---|
| 52 | 52 | | facility operator has the powers necessary to carry out the duties |
|---|
| 53 | 53 | | imposed on the operator under a contract entered into under this |
|---|
| 54 | 54 | | subchapter. |
|---|
| 55 | 55 | | (b) The facility operator shall acquire and store quality |
|---|
| 56 | 56 | | ammunition to be resold at a reasonable price only to law |
|---|
| 57 | 57 | | enforcement agencies with a preference for use by law enforcement |
|---|
| 58 | 58 | | officers and law enforcement officer trainees. |
|---|
| 59 | 59 | | (c) The facility operator shall acquire and store |
|---|
| 60 | 60 | | sufficient quality ammunition to prepare for potential future |
|---|
| 61 | 61 | | shortages of ammunition from other sources. |
|---|
| 62 | 62 | | Sec. 411.555. CERTAIN SALES PROHIBITED. The facility may |
|---|
| 63 | 63 | | not sell ammunition or any component parts to any person except a |
|---|
| 64 | 64 | | law enforcement agency in this state that is accredited by one of |
|---|
| 65 | 65 | | the following organizations for adhering to best practices in |
|---|
| 66 | 66 | | policing: |
|---|
| 67 | 67 | | (1) the Texas Police Chiefs Association; |
|---|
| 68 | 68 | | (2) the Commission on Accreditation for Law |
|---|
| 69 | 69 | | Enforcement Agencies, Inc.; or |
|---|
| 70 | 70 | | (3) a successor organization to an organization |
|---|
| 71 | 71 | | described by Subdivision (1) or (2) that offers an accreditation |
|---|
| 72 | 72 | | program for best practices in policing. |
|---|
| 73 | 73 | | Sec. 411.556. DEDICATION OF REVENUE. Any proceeds |
|---|
| 74 | 74 | | collected by the department under a contract awarded under this |
|---|
| 75 | 75 | | subchapter shall be deposited in the general revenue fund to the |
|---|
| 76 | 76 | | credit of the law enforcement officer standards and education fund |
|---|
| 77 | 77 | | account and may be appropriated only for the purposes described by |
|---|
| 78 | 78 | | this subchapter or Section 1701.157, Occupations Code. |
|---|
| 79 | 79 | | Sec. 411.557. ANNUAL REPORT. Not later than December 1 of |
|---|
| 80 | 80 | | each year, the department shall submit a report to the governor and |
|---|
| 81 | 81 | | the legislature on the condition, operation, and projected business |
|---|
| 82 | 82 | | activity of the facility. |
|---|
| 83 | 83 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 84 | 84 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 85 | 85 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 86 | 86 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 87 | 87 | | Act takes effect September 1, 2023. |
|---|