86R1485 JCG-D
	By: Canales	H.B. No. 38

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting the manufacture, assembly, or ownership of
	unmarked firearms; creating a criminal offense; authorizing a fee.
	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. MARKING OF UNMARKED FIREARMS REQUIRED
	Sec. 411.221.  DEFINITION. In this subchapter, "firearm"
	has the meaning assigned by Section 46.01, Penal Code.
	Sec. 411.222.  APPLICABILITY. (a) Except as provided by
	Subsections (b) and (c), this subchapter applies only to a firearm
	that has not been:
	(1)  assigned a unique serial number or other mark of
	identification under federal law or the law of this state or another
	state; and
	(2)  marked with that serial number or mark in a manner
	that meets or exceeds the requirements imposed under federal law on
	licensed importers and licensed manufacturers of firearms for
	marking imported or manufactured firearms with a serial number.
	(b)  This subchapter does not apply to:
	(1)  a firearm, other than a handgun, manufactured or
	assembled before December 16, 1968;
	(2)  a firearm that is a curio or relic, as those terms
	are defined by 27 C.F.R. Section 478.11, or an antique firearm, as
	that term is defined by 27 C.F.R. Section 479.11; or
	(3)  a firearm assigned a unique serial number or other
	mark of identification for the purpose of entering a description of
	the firearm into a criminal intelligence database.
	(c)  This subchapter does not apply to the importation or
	manufacture of a firearm by a person licensed under federal law to
	engage in the business of importing or manufacturing firearms, if
	the firearms imported or manufactured by that person are marked
	with a unique serial number in compliance with federal law.
	Sec. 411.223.  RULEMAKING AUTHORITY; ADMINISTRATION. (a)
	The director shall adopt rules necessary to implement this
	subchapter.
	(b)  The department shall:
	(1)  administer this subchapter and the rules adopted
	by the director under Subsection (a); and
	(2)  take action necessary to ensure compliance with
	this subchapter.
	Sec. 411.224.  FEE. To cover the cost of administering this
	subchapter, the department may collect a reasonable fee from an
	applicant for a unique serial number or other mark of
	identification under this subchapter.
	Sec. 411.225.  MARKING REQUIREMENTS FOR MANUFACTURING OR
	ASSEMBLING FIREARMS. A person who manufactures or assembles a
	firearm to which this subchapter applies shall:
	(1)  before manufacturing or assembling the firearm,
	apply to the department for a unique serial number or other mark of
	identification;
	(2)  not later than the 10th day after the date of
	manufacturing or assembling the firearm or the date of receiving a
	serial number or mark provided by the department, whichever is
	later:
	(A)  in a manner that meets or exceeds the
	requirements described by Section 411.222(a)(2), permanently affix
	to the firearm the serial number or mark provided by the department;
	or
	(B)  if the firearm is composed primarily of parts
	made out of plastic, permanently affix to a piece of steel the
	serial number or mark provided by the department and embed that
	marked piece of steel in the firearm in a manner that meets or
	exceeds the requirements of the Undetectable Firearms Act of 1988
	(18 U.S.C. Section 922(p)) and the requirements described by
	Section 411.222(a)(2); and
	(3)  after permanently affixing to the firearm the
	serial number or mark provided by the department, as described by
	Subdivision (2), notify the department in a manner prescribed by
	the department:
	(A)  that the serial number or mark has been
	affixed to the firearm; and
	(B)  of the name of the owner of the firearm.
	Sec. 411.226.  MARKING REQUIREMENTS FOR UNMARKED FIREARMS.
	(a) Except as provided by Subsection (b), a person who owns a
	firearm to which this subchapter applies shall, not later than the
	30th day after the date the person acquires the firearm or enters
	this state with the firearm:
	(1)  apply to the department for a unique serial number
	or other mark of identification;
	(2)  not later than the 10th day after the date of
	receiving a serial number or mark provided by the department:
	(A)  in a manner that meets or exceeds the
	requirements described by Section 411.222(a)(2), permanently affix
	to the firearm the serial number or mark provided by the department;
	or
	(B)  if the firearm is composed primarily of parts
	made out of plastic, permanently affix to a piece of steel the
	serial number or mark provided by the department and embed that
	marked piece of steel in the firearm in a manner that meets or
	exceeds the requirements of the Undetectable Firearms Act of 1988
	(18 U.S.C. Section 922(p)) and the requirements described by
	Section 411.222(a)(2); and
	(3)  after permanently affixing to the firearm the
	serial number or mark provided by the department, as described by
	Subdivision (2), notify the department in a manner prescribed by
	the department:
	(A)  that the serial number or mark has been
	affixed to the firearm; and
	(B)  of the name of the owner of the firearm.
	(b)  A person who owns a firearm to which this subchapter
	applies, who has obtained for that firearm a unique serial number or
	other mark of identification as described by Section 411.222(a)(1),
	but who has not yet permanently affixed the number or mark to the
	firearm, promptly shall permanently affix the applicable number or
	mark to the firearm as provided by Subsection (a)(2)(A) or (B).
	Sec. 411.227.  SALE OR TRANSFER OF UNMARKED FIREARMS
	PROHIBITED; EXCEPTION; DUTY TO DESTROY. (a) A person may not sell
	or otherwise transfer ownership of a firearm to which this
	subchapter applies unless the person sells or otherwise transfers
	ownership of the firearm to a law enforcement agency.
	(b)  Notwithstanding Article 18.18, 18.19, or 18.191, Code
	of Criminal Procedure, a law enforcement agency that purchases or
	otherwise obtains ownership of a firearm to which this subchapter
	applies shall destroy the firearm.
	Sec. 411.228.  SERIAL NUMBER ISSUANCE; APPLICATION. (a) The
	department shall issue a unique serial number or other mark of
	identification to an applicant who meets all the eligibility
	requirements and submits all the application materials as described
	by this subchapter.
	(b)  An applicant for a unique serial number or other mark of
	identification must:
	(1)  on each occasion the applicant requests a serial
	number or mark for a firearm to which this subchapter applies,
	provide the department information sufficient to enable the
	department to determine that the applicant is not prohibited by
	state or federal law from possessing each firearm included in the
	application;
	(2)  provide proof of identity and age showing that the
	applicant is 18 years of age or older;
	(3)  provide a description of the firearm to which this
	subchapter applies that the applicant owns or intends to
	manufacture or assemble;
	(4)  provide any other information the department may
	require; and
	(5)  pay any applicable fee prescribed by the
	department.
	(c)  The department shall review and either approve or deny
	an application not later than the 15th day after the date the
	department receives the application. The department shall notify
	the applicant in writing if the department denies the application
	and include a detailed description of the reason for the denial.
	Sec. 411.229.  OFFENSE. (a) A person commits an offense if
	the person:
	(1)  manufactures or assembles a firearm to which this
	subchapter applies and fails to comply with Section 411.225;
	(2)  owns a firearm to which this subchapter applies
	and fails to comply with Section 411.226; or
	(3)  in violation of Section 411.227, sells or
	otherwise transfers ownership of a firearm to which this subchapter
	applies.
	(b)  An offense under this section is a Class B misdemeanor,
	except that the offense is a Class A misdemeanor if the firearm is a
	handgun.
	(c)  For purposes of this section, each firearm
	manufactured, assembled, or owned in violation of this subchapter
	is a separate offense.
	(d)  If conduct that constitutes an offense under this
	section also constitutes an offense under any other law, the actor
	may be prosecuted under this section, the other law, or both.
	Sec. 411.230.  PUBLIC INFORMATION. The department shall
	make available on the department's Internet website:
	(1)  the number of unique serial numbers or other marks
	of identification issued under this subchapter; and
	(2)  the number of arrests and convictions for an
	offense under Section 411.229.
	SECTION 2.  As soon as practicable after September 1, 2019,
	the Department of Public Safety of the State of Texas shall adopt
	rules as required by Subchapter H-1, Government Code, as added by
	this Act.
	SECTION 3.  (a) Except as provided by Subsections (b) and (c)
	of this section, this Act takes effect September 1, 2019.
	(b)  Sections 411.225 and 411.229(a)(1), Government Code, as
	added by this Act, take effect September 1, 2021.
	(c)  Sections 411.226 and 411.229(a)(2), Government Code, as
	added by this Act, take effect September 1, 2022.