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) 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.
  relating to the establishment and operation of an ammunition
  facility by the Department of Public Safety.
         SECTION 1.  Chapter 411, Government Code, is amended by
  adding Subchapter S to read as follows:
         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.
  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
         (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
               (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.