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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain first responders to carry a |
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concealed handgun while on duty and to the prosecution of certain |
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related criminal offenses; providing for a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.179(a), Government Code, as amended |
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by Chapters 396 (S.B. 164) and 1302 (H.B. 3142), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted and amended to |
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read as follows: |
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(a) The department by rule shall adopt the form of the |
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license. A license must include: |
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(1) a number assigned to the license holder by the |
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department; |
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(2) a statement of the period for which the license is |
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effective; |
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(3) a color photograph of the license holder; |
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(4) the license holder's full name, date of birth, hair |
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and eye color, height, weight, and signature; |
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(5) the license holder's residence address or, as |
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provided by Subsection (d), the street address of the courthouse in |
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which the license holder or license holder's spouse serves as a |
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federal judge or the license holder serves as a state judge; |
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(6) the number of a driver's license or an |
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identification certificate issued to the license holder by the |
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department; [and] |
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(7) [(8)] the designation "VETERAN" if required under |
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Subsection (e); and |
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(8) a designation for an on-duty first responder to |
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carry a concealed handgun, if the license holder received that |
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designation under Section 411.184. |
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SECTION 2. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.184 to read as follows: |
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Sec. 411.184. ON-DUTY FIRST RESPONDER DESIGNATION. (a) In |
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this section, "first responder" means a public safety employee or |
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volunteer whose duties include responding rapidly to an emergency. |
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The term includes fire protection personnel, including volunteer |
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firefighters, and emergency medical services personnel, including |
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emergency medical services volunteers, but does not include |
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commissioned law enforcement personnel. |
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(b) A first responder is eligible for an on-duty first |
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responder designation on the first responder's license to carry a |
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concealed handgun under this subchapter if the first responder |
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submits to the department: |
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(1) on a form provided by the department, a completed |
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application for the designation; |
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(2) evidence that the license holder: |
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(A) is a first responder; and |
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(B) has successfully completed a course |
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described by Subsection (d); and |
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(3) the fee set by the director under Subsection (c). |
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(c) The director by rule shall: |
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(1) adopt an application form to be used to apply for a |
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designation under this section; and |
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(2) set a fee in an amount sufficient to cover the cost |
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of issuing licenses bearing a designation under this section. |
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(d) The director by rule shall establish minimum standards |
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for a training course for license holders seeking an on-duty first |
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responder designation, to be taken at the license holders' expense. |
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The training course must: |
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(1) be administered by a qualified handgun instructor; |
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(2) include not less than 40 hours of instruction; |
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(3) provide classroom training in: |
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(A) de-escalation techniques; |
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(B) tactical thinking relating to cover for and |
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concealment of the license holder and the handgun; and |
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(C) consequences of improper use of a handgun; |
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(4) provide field instruction in the use of handguns, |
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including: |
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(A) instinctive or reactive shooting; |
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(B) tactical shooting; |
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(C) shooting while moving; and |
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(D) shooting in low light conditions; and |
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(5) require physical demonstrations of proficiency in |
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techniques learned in training. |
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(e) The department may grant a designation under this |
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section to a license holder who meets all the eligibility |
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requirements and submits the required application materials and fee |
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under Subsection (b). Not later than the 60th day after the date of |
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receipt of the application materials and fee, the department shall |
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issue the license with the designation or notify the license holder |
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in writing that the application for the designation was denied. |
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(f) On receipt of a license with a designation under this |
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section, the license holder shall return to the department any |
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license that was previously issued to the license holder. |
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(g) A license holder whose fee to apply for a designation |
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under this section is dishonored or reversed may reapply for the |
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designation at any time, provided the fee and an additional charge |
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of $25 are paid by cashier's check or money order made payable to |
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the "Texas Department of Public Safety." |
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(h) A license holder who becomes ineligible for the |
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designation under this section because the license holder is no |
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longer employed or volunteering as a first responder promptly shall |
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notify the department. Not later than the 30th day after the date |
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of receipt of the notice, the department shall issue a license |
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without the designation to the license holder. A license holder who |
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is no longer eligible for a designation under this section: |
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(1) is not entitled to carry a concealed handgun in a |
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location in which the license holder was allowed to carry the |
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handgun only by virtue of the designation; and |
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(2) on receipt of the license without the designation, |
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promptly shall return the license with the designation to the |
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department. |
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(i) A designation under this section does not limit the |
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right of a first responder to carry a handgun or other weapon under |
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other law. |
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(j) The director by rule shall approve devices to enable a |
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first responder to secure a handgun if the first responder, while on |
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duty, is required to enter a location where carrying the handgun is |
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prohibited by federal law or otherwise. |
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(k) A governmental entity that employs or otherwise |
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supervises first responders may not adopt a rule or regulation that |
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prohibits a first responder who holds a license bearing a |
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designation under this section from: |
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(1) carrying a concealed handgun while on duty; or |
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(2) storing a handgun on the premises of or in a |
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vehicle owned or operated by the governmental entity if the handgun |
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is secured with a device approved by the department under |
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Subsection (j). |
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(l) This section does not create a cause of action or |
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liability. |
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(m) A governmental entity that employs or otherwise |
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supervises first responders is not liable in a civil action arising |
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from the discharge of a handgun by a first responder who is licensed |
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to carry a concealed handgun under this subchapter. |
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(n) The discharge of a handgun by a first responder who is |
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licensed to carry a concealed handgun under this subchapter is |
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outside the course and scope of the first responder's duties. |
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(o) This section may not be construed to waive the immunity |
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from suit or liability of a governmental entity that employs or |
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otherwise supervises first responders under Chapter 101, Civil |
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Practice and Remedies Code, or any other law. |
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SECTION 3. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(h-1) It is a defense to prosecution under Subsections |
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(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time |
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of the commission of the offense, the actor was: |
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(1) a judge or justice of a federal court; |
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(2) an active judicial officer, as defined by Section |
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411.201, Government Code; [or] |
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(3) a district attorney, assistant district attorney, |
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criminal district attorney, assistant criminal district attorney, |
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county attorney, or assistant county attorney; or |
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(4) a first responder who: |
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(A) is carrying a concealed handgun and holds a |
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license to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code, that bears an on-duty first responder |
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designation under Section 411.184 of that code; and |
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(B) is engaged in the actual discharge of the |
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first responder's duties while carrying the concealed handgun. |
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SECTION 4. Section 46.15(a), Penal Code, is amended to read |
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as follows: |
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(a) Sections 46.02 and 46.03 do not apply to: |
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(1) peace officers or special investigators under |
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Article 2.122, Code of Criminal Procedure, and neither section |
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prohibits a peace officer or special investigator from carrying a |
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weapon in this state, including in an establishment in this state |
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serving the public, regardless of whether the peace officer or |
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special investigator is engaged in the actual discharge of the |
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officer's or investigator's duties while carrying the weapon; |
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(2) parole officers and neither section prohibits an |
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officer from carrying a weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) in compliance with policies and procedures |
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adopted by the Texas Department of Criminal Justice regarding the |
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possession of a weapon by an officer while on duty; |
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(3) community supervision and corrections department |
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officers appointed or employed under Section 76.004, Government |
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Code, and neither section prohibits an officer from carrying a |
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weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) authorized to carry a weapon under Section |
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76.0051, Government Code; |
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(4) an active judicial officer as defined by Section |
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411.201, Government Code, who is licensed to carry a concealed |
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handgun under Subchapter H, Chapter 411, Government Code; |
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(5) an honorably retired peace officer, qualified |
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retired law enforcement officer, federal criminal investigator, or |
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former reserve law enforcement officer who holds a certificate of |
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proficiency issued under Section 1701.357, Occupations Code, and is |
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carrying a photo identification that is issued by a federal, state, |
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or local law enforcement agency, as applicable, and that verifies |
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that the officer is: |
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(A) an honorably retired peace officer; |
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(B) a qualified retired law enforcement officer; |
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(C) a federal criminal investigator; or |
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(D) a former reserve law enforcement officer who |
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has served in that capacity not less than a total of 15 years with |
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one or more state or local law enforcement agencies; |
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(6) a district attorney, criminal district attorney, |
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county attorney, or municipal attorney who is licensed to carry a |
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concealed handgun under Subchapter H, Chapter 411, Government Code; |
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(7) an assistant district attorney, assistant |
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criminal district attorney, or assistant county attorney who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code; |
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(8) a bailiff designated by an active judicial officer |
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as defined by Section 411.201, Government Code, who is: |
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(A) licensed to carry a concealed handgun under |
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Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer; |
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[or] |
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(9) a juvenile probation officer who is authorized to |
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carry a firearm under Section 142.006, Human Resources Code; or |
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(10) a first responder who: |
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(A) is carrying a concealed handgun and holds a |
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license to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code, that bears an on-duty first responder |
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designation under Section 411.184 of that code; and |
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(B) is engaged in the actual discharge of the |
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first responder's duties while carrying the concealed handgun. |
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SECTION 5. The public safety director of the Department of |
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Public Safety shall adopt the rules necessary to implement Section |
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411.184, Government Code, as added by this Act, not later than |
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December 1, 2015. |
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SECTION 6. (a) A qualified handgun instructor may not |
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offer the training course described by Section 411.184(d), |
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Government Code, as added by this Act, before January 1, 2016. |
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(b) The Department of Public Safety may not accept an |
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application for or grant a designation under Section 411.184, |
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Government Code, as added by this Act, before January 1, 2016. |
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SECTION 7. The change in law made by this Act in amending |
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Sections 46.035 and 46.15, Penal Code, applies only to an offense |
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committed on or after January 1, 2016. An offense committed before |
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January 1, 2016, is governed by the law in effect on the date the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before January 1, 2016, if any element of the offense |
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occurred before that date. |
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SECTION 8. To the extent of any conflict, this Act prevails |
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over another Act of the 84th Legislature, Regular Session, 2015, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 9. This Act takes effect September 1, 2015. |
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* * * * * |