84R1176 AJZ-D
By: King of Hemphill H.B. No. 353
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain weapons laws to certain
volunteer emergency services personnel licensed to carry a
concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.06(e), Penal Code, is amended to read
as follows:
(e) It is an exception to the application of this section
that:
(1) the property on which the license holder carries a
handgun is owned or leased by a governmental entity and is not a
premises or other place on which the license holder is prohibited
from carrying the handgun under Section 46.03 or 46.035; or
(2) the license holder is volunteer emergency services
personnel, as defined by Section 46.01, engaged in providing
emergency services in a county with a population of 50,000 or less.
SECTION 2. Section 46.01, Penal Code, is amended by adding
Subdivision (18) to read as follows:
(18) "Volunteer emergency services personnel"
includes a volunteer firefighter, an emergency medical services
volunteer as defined by Section 773.003, Health and Safety Code,
and other individuals who, as a volunteer, provide services for the
benefit of the general public during emergency situations.
SECTION 3. Section 46.035, Penal Code, is amended by adding
Subsection (l) to read as follows:
(l) Subsections (b) and (c) do not apply if the actor is
volunteer emergency services personnel engaged in providing
emergency services in a county with a population of 50,000 or less.
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 person who is volunteer emergency services
personnel if the person is:
(A) licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services in a
county with a population of 50,000 or less.
SECTION 5. 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 when 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 6. This Act takes effect September 1, 2015.