2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2274 - Prohibition on Contracts With Companies That Discriminate Against Firearm and Ammunition Industries › Section 2274.001. Definitions

Sec. 2274.001.  DEFINITIONS.  In this chapter:
(1)  "Ammunition" means a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile.
(2)  "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or associations that exists to make a profit.  The term does not include a sole proprietorship.
(3)  "Discriminate against a firearm entity or firearm trade association":
(A)  means, with respect to the entity or association, to:
(i)  refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association;
(ii)  refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or
(iii)  terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and
(B)  does not include:
(i)  the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and
(ii)  a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship:
(aa)  to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or
(bb)  for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association.
(4)  "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases.
(5)  "Firearm accessory" means a device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm.  The term includes a detachable firearm magazine.
(6)  "Firearm entity" means:
(A)  a firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and
(B)  a sport shooting range as defined by Section 250.001, Local Government Code.
(7)  "Firearm trade association" means any person, corporation, unincorporated association, federation, business league, or business organization that:
(A)  is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual;
(B)  has two or more firearm entities as members; and
(C)  is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code.
(8)  "Governmental entity" has the meaning assigned by Section 2251.001.
Added by Acts 2021, 87th Leg., R.S., Ch. 530 (S.B. 19), Sec. 1, eff. September 1, 2021.