Bill Text: TX HB3539 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the establishment and operation of an ammunition facility by the Department of Public Safety.
Spectrum: Strong Partisan Bill (Republican 13-1)
Status: (Engrossed - Dead) 2023-05-11 - Referred to State Affairs [HB3539 Detail]
Download: Texas-2023-HB3539-Engrossed.html
| By: Troxclair, Guillen, Garcia, Isaac, | H.B. No. 3539 | |
| Harris of Williamson, et al. | ||
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| 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 person who establishes and operates the | ||
| facility to give a preference when acquiring quality ammunition to | ||
| manufacturers who manufacture ammunition 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 that is accredited by one of | ||
| the following organizations for adhering to best practices in | ||
| policing: | ||
| (1) the Texas Police Chiefs Association; | ||
| (2) the Commission on Accreditation for Law | ||
| Enforcement Agencies, Inc.; or | ||
| (3) a successor organization to an organization | ||
| described by Subdivision (1) or (2) that offers an accreditation | ||
| program for best practices in policing. | ||
| 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. | ||
