| 1 | 1 | | By: Flores S.B. No. 1851 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the establishment and administration of a state |
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| 7 | 7 | | ammunition manufacturing facility; granting rulemaking authority. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subtitle F, Title 4, Government Code, is amended |
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| 10 | 10 | | by adding Chapter 490J to read as follows: |
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| 11 | 11 | | CHAPTER 490J. TEXAS AMMUNITION MANUFACTURING FACILITY |
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| 12 | 12 | | SUBCHAPTER A. ESTABLISHMENT AND ADMINISTRATION OF TEXAS AMMUNITION |
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| 13 | 13 | | MANUFACTURING FACILITY |
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| 14 | 14 | | Sec. 490J.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Ammunition" means a combination of projectiles, |
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| 16 | 16 | | cartridges, primers and propellants fired from a handgun or rifle. |
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| 17 | 17 | | (2) "Facility operator" means a person selected under |
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| 18 | 18 | | Section 490J.002(d) to operate the facility. |
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| 19 | 19 | | Sec. 490J.002. TEXAS AMMUNITION MAUFACTURING FACILITY. (a) |
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| 20 | 20 | | The Texas Ammunition Manufacturing Facility is established as an |
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| 21 | 21 | | agency of this state within the Department of Public Safety. |
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| 22 | 22 | | (b) The facility is established to manufacture quality |
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| 23 | 23 | | ammunition for use by law enforcement for training and to ensure |
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| 24 | 24 | | public safety and the general public for recreational shooting, |
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| 25 | 25 | | hunting, self-defense and all other legal purposes as protected by |
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| 26 | 26 | | the Second Amendment to the United States Constitution. |
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| 27 | 27 | | (c) The department shall have broad authority under this |
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| 28 | 28 | | chapter and shall exercise close supervision over the facility to |
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| 29 | 29 | | promote and ensure integrity, security, honesty, and fairness in |
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| 30 | 30 | | the operation of the facility. |
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| 31 | 31 | | (d) The department may contract with or employ a person to |
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| 32 | 32 | | perform a function, activity, or service in connection with the |
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| 33 | 33 | | facility as necessary to implement this chapter, including but not |
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| 34 | 34 | | limited to the construction and operation of the facility. |
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| 35 | 35 | | Sec. 490J.003. POWERS AND DUTIES. (a) The facility |
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| 36 | 36 | | operator has the powers necessary to carry out the duties of this |
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| 37 | 37 | | chapter including the power to enter into contracts and other |
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| 38 | 38 | | necessary instruments. |
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| 39 | 39 | | (b) The facility operator shall manufacture quality |
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| 40 | 40 | | ammunition to be sold to law enforcement agencies at a reasonable |
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| 41 | 41 | | price. |
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| 42 | 42 | | (c) The facility operator shall sell ammunition to |
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| 43 | 43 | | ammunition wholesalers and retailers at a reasonable price. |
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| 44 | 44 | | (d) The facility operator may sell component parts of |
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| 45 | 45 | | ammunition to other ammunition manufacturers domiciled in Texas, |
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| 46 | 46 | | including projectiles, cartridges, primers and propellants. |
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| 47 | 47 | | (e) The facility operator may print the state seal, state |
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| 48 | 48 | | arms, or the state flag on packaging for ammunition manufactured by |
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| 49 | 49 | | the facility. |
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| 50 | 50 | | (f) All ammunition manufactured by the facility must contain |
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| 51 | 51 | | the words "Made in Texas" on the packaging. |
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| 52 | 52 | | Sec. 490J.004. CERTAIN ACTIONS PROHIBITED. The facility |
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| 53 | 53 | | may not take any of the following actions: |
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| 54 | 54 | | (1) sell ammunition manufactured by the facility or any |
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| 55 | 55 | | component parts directly to consumers; |
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| 56 | 56 | | (2) sell ammunition or any component parts to foreign |
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| 57 | 57 | | countries. |
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| 58 | 58 | | Sec. 490J.005. RULEMAKING. The department may adopt rules |
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| 59 | 59 | | as necessary to implement this chapter. |
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| 60 | 60 | | Sec. 490J.006. TAXES. Ammunition sold by the facility to |
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| 61 | 61 | | law enforcement agencies in Texas is not subject to state or local |
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| 62 | 62 | | sales and use tax. |
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| 63 | 63 | | Sec. 490J.007. ANNUAL REPORT. The department shall submit |
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| 64 | 64 | | to the governor and the legislature a report on the status, |
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| 65 | 65 | | condition, operations, and prospects for the facility each year not |
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| 66 | 66 | | later than December 1st. |
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| 67 | 67 | | Sec. 490J.008. USE OF SALES AND USE TAX FUNDS. All sales |
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| 68 | 68 | | and use tax revenue generated by this chapter shall be dedicated to |
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| 69 | 69 | | programs for law enforcement training, school safety and border |
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| 70 | 70 | | security. |
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| 71 | 71 | | SECTION 2. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2023. |
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