84R10579 JSC-D
By: Schofield H.B. No. 3496
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain first responders to carry a
concealed handgun while on duty and to the prosecution of certain
related offenses; providing for a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.179(a), Government Code, as amended
by Chapters 396 (S.B. 164) and 1302 (H.B. 3142), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
(a) The department by rule shall adopt the form of the
license. A license must include:
(1) a number assigned to the license holder by the
department;
(2) a statement of the period for which the license is
effective;
(3) a color photograph of the license holder;
(4) the license holder's full name, date of birth, hair
and eye color, height, weight, and signature;
(5) the license holder's residence address or, as
provided by Subsection (d), the street address of the courthouse in
which the license holder or license holder's spouse serves as a
federal judge or the license holder serves as a state judge;
(6) the number of a driver's license or an
identification certificate issued to the license holder by the
department; [and]
(7) [(8)] the designation "VETERAN" if required under
Subsection (e); and
(8) a designation for an on-duty first responder to
carry a concealed handgun, if the license holder received that
designation under Section 411.184.
SECTION 2. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.184 to read as follows:
Sec. 411.184. ON-DUTY FIRST RESPONDER DESIGNATION. (a) In
this section, "first responder" means a public safety employee or
volunteer whose duties include responding rapidly to an emergency.
The term includes:
(1) commissioned law enforcement personnel;
(2) fire protection personnel, including volunteer
firefighters; and
(3) emergency medical services personnel, including
an emergency medical services volunteer.
(b) A first responder is eligible for an on-duty first
responder designation on the first responder's license to carry a
concealed handgun under this subchapter if the first responder
submits to the department:
(1) on a form provided by the department, a completed
application for the designation;
(2) evidence that the license holder:
(A) is a first responder; and
(B) has successfully completed a course
described by Subsection (d); and
(3) the fee set by the director under Subsection (c).
(c) The director by rule shall:
(1) adopt an application form to be used to apply for a
designation under this section; and
(2) set a fee in an amount sufficient to cover the cost
of issuing licenses bearing a designation under this section.
(d) The director by rule shall establish minimum standards
for a training course for license holders seeking an on-duty first
responder designation, to be taken at the license holders' expense.
The training course must provide instruction, including field
demonstrations, about handling and using handguns while on duty and
in stressful situations.
(e) The department may grant a designation under this
section to a license holder who meets all the eligibility
requirements and submits the required application materials and fee
under Subsection (b). Not later than the 45th day after the date of
receipt of the application materials and fee, the department shall
issue the license with the designation or notify the license holder
in writing that the application for the designation was denied.
(f) On receipt of a license with a designation under this
section, the license holder shall return to the department any
license that was previously issued to the license holder.
(g) A license holder whose fee to apply for a designation
under this section is dishonored or reversed may reapply for the
designation at any time, provided the fee and an additional charge
of $25 are paid by cashier's check or money order made payable to
the "Texas Department of Public Safety."
(h) A license holder who becomes ineligible for the
designation under this section because the license holder is no
longer employed or volunteering as a first responder promptly shall
notify the department. Not later than the 30th day after the date
of receipt of the notice, the department shall issue a license
without the designation to the license holder. The department may
not charge a fee for the issuance of a license as provided by this
subsection. A license holder who is no longer eligible for a
designation under this section:
(1) is not entitled to carry a concealed handgun in a
location in which the license holder was allowed to carry the
handgun only by virtue of the designation; and
(2) on receipt of the license without the designation,
promptly shall return the license with the designation to the
department.
(i) A designation under this section does not limit the
right of a first responder to carry a handgun or other weapon under
other law.
(j) A governmental entity that employs or otherwise
supervises first responders may not adopt a rule or regulation that
prohibits a first responder who holds a license bearing a
designation under this section from carrying a concealed handgun
while on duty.
(k) Except in cases of gross negligence, a governmental
entity that employs or otherwise supervises first responders is not
liable in a civil action for personal injury, death, property
damage, or any other damages resulting from or arising out of an
occurrence involving a handgun that the entity is required to allow
a first responder to carry under this section.
SECTION 3. Section 46.035(h-1), Penal Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(h-1) It is a defense to prosecution under Subsections
(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time
of the commission of the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section
411.201, Government Code; [or]
(3) a district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney; or
(4) a first responder who:
(A) is carrying a concealed handgun and holds a
license to carry a concealed handgun under Subchapter H, Chapter
411, Government Code, that bears an on-duty first responder
designation under Section 411.184 of that code; and
(B) is engaged in the actual discharge of the
first responder's duties while carrying the concealed handgun.
SECTION 4. Section 46.15(a), Penal Code, is amended to read
as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) an active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a concealed
handgun under Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer, qualified
retired law enforcement officer, federal criminal investigator, or
former reserve law enforcement officer who holds a certificate of
proficiency issued under Section 1701.357, Occupations Code, and is
carrying a photo identification that is issued by a federal, state,
or local law enforcement agency, as applicable, and that verifies
that the officer is:
(A) an honorably retired peace officer;
(B) a qualified retired law enforcement officer;
(C) a federal criminal investigator; or
(D) a former reserve law enforcement officer who
has served in that capacity not less than a total of 15 years with
one or more state or local law enforcement agencies;
(6) a district attorney, criminal district attorney,
county attorney, or municipal attorney who is licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code;
(7) an assistant district attorney, assistant
criminal district attorney, or assistant county attorney who is
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a concealed handgun under
Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer;
[or]
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code; or
(10) a first responder who:
(A) is carrying a concealed handgun and holds a
license to carry a concealed handgun under Subchapter H, Chapter
411, Government Code, that bears an on-duty first responder
designation under Section 411.184 of that code; and
(B) is engaged in the actual discharge of the
first responder's duties while carrying the concealed handgun.
SECTION 5. The public safety director of the Department of
Public Safety shall adopt the rules necessary to implement Section
411.184, Government Code, as added by this Act, not later than
December 1, 2015.
SECTION 6. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 7. This Act takes effect September 1, 2015.