Bill Text: TX HB3325 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the regulation or prohibition of certain assault weapons; imposing a tax and a license fee; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-19 - Referred to Homeland Security & Public Safety [HB3325 Detail]
Download: Texas-2013-HB3325-Introduced.html
83R6168 PEP-D | ||
By: Coleman | H.B. No. 3325 |
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relating to the regulation or prohibition of certain assault | ||
weapons; imposing a tax and a license fee; providing a civil | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 411, Government Code, is amended by | ||
adding Subchapter H-1 to read as follows: | ||
SUBCHAPTER H-1. LICENSE TO PURCHASE ASSAULT WEAPON | ||
Sec. 411.221. DEFINITION OF ASSAULT WEAPON. (a) In this | ||
subchapter, "assault weapon" means: | ||
(1) a semiautomatic rifle that has the capacity to | ||
accept a detachable magazine that holds more than five rounds of | ||
ammunition and has: | ||
(A) a pistol grip that protrudes conspicuously | ||
beneath the action of the firearm; | ||
(B) a folding or telescoping stock; | ||
(C) a thumbhole stock; | ||
(D) a second handgrip or a protruding grip that | ||
can be held by the non-trigger hand; | ||
(E) a flash suppressor, muzzle break, muzzle | ||
compensator, or threaded barrel designed to accommodate a flash | ||
suppressor, muzzle break, or muzzle compensator; or | ||
(F) a grenade launcher; | ||
(2) a semiautomatic shotgun that has a fixed magazine, | ||
or the capacity to accept a detachable magazine, that holds more | ||
than five rounds of ammunition and has: | ||
(A) a folding or telescoping stock; | ||
(B) a thumbhole stock; | ||
(C) a second handgrip or a protruding grip that | ||
can be held by the non-trigger hand; or | ||
(D) a fixed magazine that holds more than seven | ||
rounds of ammunition; | ||
(3) a semiautomatic pistol that has the capacity to | ||
accept a detachable magazine and has: | ||
(A) a folding or telescoping stock; | ||
(B) a thumbhole stock; | ||
(C) a second handgrip or a protruding grip that | ||
can be held by the non-trigger hand; | ||
(D) an ammunition magazine that attaches to the | ||
pistol outside of the pistol grip; | ||
(E) a threaded barrel capable of accepting a | ||
flash suppressor, barrel extender, forward handgrip, or silencer; | ||
(F) a shroud that is attached to or partially or | ||
completely encircles the barrel and that permits the shooter to | ||
hold the firearm with the non-trigger hand without being burned; | ||
(G) a manufactured weight of 50 ounces or more | ||
when the firearm is unloaded; or | ||
(H) a semiautomatic version of an automatic | ||
rifle, shotgun, or other firearm; or | ||
(4) a revolving cylinder shotgun. | ||
(b) For purposes of this subchapter, "assault weapon" does | ||
not include: | ||
(1) any rifle, shotgun, or pistol that: | ||
(A) is manually operated by bolt, pump, lever, or | ||
slide action; | ||
(B) has been rendered permanently inoperable; or | ||
(C) is an antique firearm; or | ||
(2) any revolving cylinder shotgun that was in the | ||
possession of its owner before September 1, 2013. | ||
Sec. 411.222. APPLICATION; ELIGIBILITY. (a) A person may | ||
apply to the department for a license to purchase an assault weapon. | ||
(b) A person is eligible for a license to purchase an | ||
assault weapon if the person: | ||
(1) submits to the department all of the application | ||
materials required for a license to carry a concealed handgun under | ||
Section 411.174, except that: | ||
(A) the nonrefundable application and license | ||
fee is in the amount of $200; and | ||
(B) in lieu of the evidence of handgun | ||
proficiency, the applicant must submit evidence satisfactory to the | ||
department of the applicant's ability to exercise sound judgment | ||
with respect to the proper use and storage of an assault weapon; and | ||
(2) is found by the department, following a review of | ||
the application materials conducted in the manner described by | ||
Section 411.176, to fulfill all the eligibility requirements for a | ||
license to carry a concealed handgun under Section 411.172. | ||
Sec. 411.223. ISSUANCE OR DENIAL OF LICENSE. (a) The | ||
department shall issue a license to purchase an assault weapon to an | ||
applicant if the applicant meets all of the eligibility | ||
requirements and submits all of the application materials. The | ||
department may not deny an application on the basis of a capricious | ||
or arbitrary decision by the department. | ||
(b) The department shall, not later than the 60th day after | ||
the date of receipt of the completed application materials: | ||
(1) issue the license; | ||
(2) notify the applicant in writing that the | ||
application was denied because the applicant failed to: | ||
(A) submit evidence satisfactory to the | ||
department of the applicant's ability to exercise sound judgment | ||
with respect to the proper use and storage of an assault weapon; or | ||
(B) fulfill all of the eligibility requirements; | ||
or | ||
(3) notify the applicant in writing that the | ||
department is unable to make a determination regarding the issuance | ||
or denial of a license to the applicant within the 60-day period | ||
prescribed by this subsection and include in that notification an | ||
explanation of the reason for the inability and an estimation of the | ||
amount of time the department will need to make the determination. | ||
(c) Failure of the department to issue or deny a license for | ||
a period of more than 30 days after the department is required to | ||
act under Subsection (b) constitutes denial. | ||
Sec. 411.224. EXPIRATION AND RENEWAL OF LICENSE. (a) A | ||
license issued under this subchapter expires on the second | ||
anniversary of the date of issuance. | ||
(b) To renew a license, a license holder must submit to the | ||
department: | ||
(1) an application for renewal on a form provided by | ||
the department; | ||
(2) payment of a nonrefundable renewal fee of $25. | ||
(c) The director by rule shall adopt a renewal application | ||
form requiring an update of the information on the original | ||
completed application with respect to: | ||
(1) the applicant's state and federal criminal history | ||
record information and eligibility under applicable federal and | ||
state law to possess a firearm; and | ||
(2) whether the applicant is currently restricted | ||
under a court protective order or subject to a restraining order. | ||
(d) The department shall renew the license of a license | ||
holder who meets the eligibility requirements and submits the | ||
renewal materials. Not later than the 45th day after receipt of the | ||
renewal materials, the department shall issue the renewal or notify | ||
the license holder in writing that the renewal application was | ||
denied. | ||
Sec. 411.225. STANDARDS AND PROCEDURAL REQUIREMENTS; | ||
RULES. (a) The following provisions apply to a license issued | ||
under this subchapter, except to the extent that the provisions are | ||
inapplicable by their nature: | ||
(1) notification of denial, revocation, or suspension | ||
of license; review (Section 411.180); | ||
(2) notice of change of address or name (Section | ||
411.181); | ||
(3) notice (Section 411.182); | ||
(4) modification (Section 411.184); | ||
(5) revocation (Section 411.186); | ||
(6) suspension of license (Section 411.187); and | ||
(7) confidentiality of records (Section 411.192). | ||
(b) The department shall adopt any other rule or establish | ||
any other procedure necessary or appropriate to administer this | ||
subchapter. | ||
SECTION 2. Title 99, Business & Commerce Code, is amended by | ||
adding Chapter 2005 to read as follows: | ||
CHAPTER 2005. TRANSFER OF ASSAULT WEAPONS | ||
Sec. 2005.001. DEFINITIONS. In this chapter: | ||
(1) "Assault weapon" has the meaning assigned by | ||
Section 411.221, Government Code. | ||
(2) "Department" means the Department of Public | ||
Safety. | ||
(3) "Local law enforcement authority" means the office | ||
of the chief of police of a municipality or the office of the | ||
sheriff of a county. | ||
Sec. 2005.002. PREREQUISITES TO PURCHASE. Before a person | ||
may purchase an assault weapon in this state, the person must: | ||
(1) obtain a license issued under Subchapter H-1, | ||
Chapter 411, Government Code; and | ||
(2) in accordance with Section 2005.003, register with | ||
and obtain a written statement from the local law enforcement | ||
authority in: | ||
(A) the municipality in which the person resides; | ||
or | ||
(B) the county in which the person resides, if | ||
the person does not reside within a municipality. | ||
Sec. 2005.003. REGISTRATION WITH AND STATEMENT FROM LOCAL | ||
LAW ENFORCEMENT AUTHORITY. (a) A person who holds a license issued | ||
under Subchapter H-1, Chapter 411, Government Code, and who | ||
registers with the local law enforcement authority in the | ||
municipality or county in which the person resides, as applicable, | ||
may request the local law enforcement authority to provide the | ||
person with a written and dated statement confirming that a check of | ||
the person's criminal history record information indicates the | ||
person may lawfully possess a firearm. | ||
(b) A local law enforcement authority that receives a | ||
request under Subsection (a) shall: | ||
(1) verify that the person holds a license issued | ||
under Subchapter H-1, Chapter 411, Government Code; | ||
(2) obtain from the person an application for | ||
registration that includes: | ||
(A) the person's full name, date of birth, social | ||
security number, and driver's license number; | ||
(B) the address where the person resides; and | ||
(C) a recent photograph of the person and a | ||
complete set of the person's fingerprints; | ||
(3) conduct a check of state and national criminal | ||
history record information to verify whether the person may | ||
lawfully possess a firearm; and | ||
(4) on receipt of the results of the criminal history | ||
record check, provide the person with the requested statement or | ||
notify the person that the person is prohibited from purchasing a | ||
firearm. | ||
Sec. 2005.004. QUALIFIED SELLER. A person may sell an | ||
assault weapon in this state only if the person is licensed as a | ||
firearms dealer under the National Firearms Act. | ||
Sec. 2005.005. REQUIREMENTS FOR COMPLETION OF PURCHASE AND | ||
SALE. Before completing a sale of an assault weapon in this state, | ||
the seller must: | ||
(1) require the person making the purchase to display: | ||
(A) a license issued to the person under | ||
Subchapter H-1, Chapter 411, Government Code; and | ||
(B) a statement from the person's local law | ||
enforcement authority provided to the person under Section | ||
2005.003; | ||
(2) ensure that the statement from the person's local | ||
law enforcement authority under Subdivision (1)(B) is dated: | ||
(A) not earlier than 90 days before the date of | ||
purchase; and | ||
(B) not later than 30 days before the date of | ||
purchase; and | ||
(3) collect from the person together with the purchase | ||
price of the weapon the tax imposed under Section 166.051, Tax Code, | ||
and remit the tax to the comptroller. | ||
Sec. 2005.0051. REQUIREMENTS FOR PURCHASE AND SALE | ||
COMPLETED BEFORE JANUARY 2014. (a) To complete the sale of an | ||
assault weapon in this state before January 1, 2014, the seller | ||
must: | ||
(1) require the person making the purchase to display: | ||
(A) a license issued to the person under | ||
Subchapter H, Chapter 411, Government Code; and | ||
(B) a statement from the person's local law | ||
enforcement authority confirming that a check of the person's | ||
criminal history record information indicates the person may | ||
lawfully possess a firearm; | ||
(2) ensure that the statement from the person's local | ||
law enforcement authority under Subdivision (1)(B) is dated: | ||
(A) not earlier than the 90th day before the date | ||
of purchase; and | ||
(B) not later than the 30th day before the date of | ||
purchase; and | ||
(3) collect from the person together with the purchase | ||
price of the weapon the tax imposed under Section 166.051, Tax Code, | ||
and remit the tax to the comptroller. | ||
(b) A local law enforcement authority that receives a | ||
request for a written statement under Subsection (a)(1)(B) shall | ||
comply with the requirements described by Section 2005.003(b), | ||
except that the local law enforcement authority shall verify that | ||
the person holds a license issued under Subchapter H, Chapter 411, | ||
Government Code, in lieu of verifying that the person holds a | ||
license issued under Subchapter H-1 of that chapter. | ||
(c) This section expires January 1, 2014. | ||
Sec. 2005.006. CIVIL PENALTY. (a) A person who purchases or | ||
sells an assault weapon without meeting the requirements of this | ||
chapter is liable for a civil penalty of not more than $500 for each | ||
violation. | ||
(b) Each sale of a single assault weapon constitutes a | ||
separate violation for the purposes of this section. | ||
(c) The attorney general may enforce the requirements of | ||
this chapter and may sue to collect the civil penalty. The attorney | ||
general may recover reasonable expenses incurred in obtaining | ||
relief under this section, including court costs, reasonable | ||
attorney's fees, investigation costs, witness fees, and deposition | ||
expenses. | ||
SECTION 3. Subtitle E, Title 2, Tax Code, is amended by | ||
adding Chapter 166 to read as follows: | ||
CHAPTER 166. ASSAULT WEAPON TAX | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 166.001. DEFINITION. In this chapter, "assault | ||
weapon" has the meaning assigned by Section 411.221, Government | ||
Code. | ||
Sec. 166.002. RULES. The comptroller may adopt rules | ||
necessary for the administration of this chapter. | ||
SUBCHAPTER B. IMPOSITION AND COLLECTION OF TAX | ||
Sec. 166.051. TAX IMPOSED ON ASSAULT WEAPONS. (a) A tax is | ||
imposed on each sale of an assault weapon in this state. | ||
(b) The amount of the tax is $200 for each sale of a single | ||
assault weapon. | ||
Sec. 166.052. APPLICATION OF OTHER LAW. Except as provided | ||
by this chapter: | ||
(1) the tax imposed by this chapter is administered, | ||
imposed, collected, and enforced in the same manner as the tax under | ||
Chapter 151 is administered, imposed, collected, and enforced; and | ||
(2) the provisions of Chapter 151 applicable to the | ||
sales tax imposed under Subchapter C, Chapter 151, apply to the tax | ||
imposed by this chapter. | ||
SECTION 4. (a) Not later than December 1, 2013, the | ||
Department of Public Safety shall adopt the rules and establish the | ||
procedures required by Section 411.225(b), Government Code, as | ||
added by this Act. | ||
(b) A license issued under this Act before January 1, 2014, | ||
is not effective until January 1, 2014. A license issued before | ||
January 1, 2014, shall be clearly marked to reflect the date on | ||
which it becomes effective, and the Department of Public Safety | ||
shall inform each recipient of a license before that date that the | ||
license is not effective until that date. | ||
SECTION 5. (a) Except as provided by Subsection (b) of this | ||
section, Chapter 2005, Business & Commerce Code, as added by this | ||
Act, takes effect September 1, 2013. | ||
(b) Sections 2005.002, 2005.003, and 2005.005, Business & | ||
Commerce Code, as added by this Act, take effect January 1, 2014. | ||
SECTION 6. 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, 2013. |