Texas 2015 - 84th Regular

Texas House Bill HB353 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R17311 AJZ/SCL-D
2		-	By: King of Hemphill, Springer, Burns H.B. No. 353
3		-	Substitute the following for H.B. No. 353:
4		-	By: Phillips C.S.H.B. No. 353
	1	+	By: King of Hemphill, Springer, Burns, H.B. No. 353
	2	+	Simpson, Guillen, et al.
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the application of certain weapons laws to and
10	8		liability for certain actions of volunteer emergency services
11	9		personnel licensed to carry a concealed handgun.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Subchapter C, Chapter 101, Civil Practice and
14		-	Remedies Code, is amended by adding Section 101.068 to read as
15		-	follows:
16		-	Sec. 101.068. CERTAIN ACTIONS OF VOLUNTEER EMERGENCY
17		-	SERVICES PERSONNEL. This chapter does not apply to a claim arising
18		-	from the discharge of a handgun by an individual who is volunteer
19		-	emergency services personnel as defined by Section 46.01, Penal
20		-	Code, and licensed to carry a concealed handgun under Subchapter H,
21		-	Chapter 411, Government Code.
	11	+	SECTION 1. Title 5, Civil Practice and Remedies Code, is
	12	+	amended by adding Chapter 112 to read as follows:
	13	+	CHAPTER 112. LIMITATION OF LIABILITY FOR GOVERNMENTAL UNITS
	14	+	Sec. 112.001. CERTAIN ACTIONS OF VOLUNTEER EMERGENCY
	15	+	SERVICES PERSONNEL. (a) In this section:
	16	+	(1) "Governmental unit" has the meaning assigned by
	17	+	Section 101.001.
	18	+	(2) "Volunteer emergency services personnel" has the
	19	+	meaning assigned by Section 46.01, Penal Code.
	20	+	(b) A governmental unit is not liable in a civil action
	21	+	arising from the discharge of a handgun by an individual who is
	22	+	volunteer emergency services personnel and licensed to carry a
	23	+	concealed handgun under Subchapter H, Chapter 411, Government Code.
	24	+	(c) The discharge of a handgun by an individual who is
	25	+	volunteer emergency services personnel and licensed to carry a
	26	+	concealed handgun under Subchapter H, Chapter 411, Government Code,
	27	+	is outside the course and scope of the individual's duties as
	28	+	volunteer emergency services personnel.
	29	+	(d) This section may not be construed to waive the immunity
	30	+	from suit or liability of a governmental unit under Chapter 101 or
	31	+	any other law.
22	32		SECTION 2. Section 30.06, Penal Code, is amended by adding
23	33		Subsection (f) to read as follows:
24	34		(f) It is a defense to prosecution under this section that
25	35		the license holder is volunteer emergency services personnel, as
26	36		defined by Section 46.01.
27	37		SECTION 3. Section 46.01, Penal Code, is amended by adding
28	38		Subdivision (18) to read as follows:
29	39		(18) "Volunteer emergency services personnel"
30	40		includes a volunteer firefighter, an emergency medical services
31	41		volunteer as defined by Section 773.003, Health and Safety Code,
32	42		and other individuals who, as a volunteer, provide services for the
33		-	benefit of the general public during emergency situations.
	43	+	benefit of the general public during emergency situations. The
	44	+	term does not include a peace officer or reserve law enforcement
	45	+	officer, as defined by Section 1701.001, Occupations Code, who is
	46	+	performing law enforcement duties.
34	47		SECTION 4. Section 46.035, Penal Code, is amended by adding
35	48		Subsection (l) to read as follows:
36	49		(l) It is a defense to prosecution under Subsections (b) and
37	50		(c) that the actor is volunteer emergency services personnel
38	51		engaged in providing emergency services.
39	52		SECTION 5. Section 46.15(a), Penal Code, is amended to read
40	53		as follows:
41	54		(a) Sections 46.02 and 46.03 do not apply to:
42	55		(1) peace officers or special investigators under
43	56		Article 2.122, Code of Criminal Procedure, and neither section
44	57		prohibits a peace officer or special investigator from carrying a
45	58		weapon in this state, including in an establishment in this state
46	59		serving the public, regardless of whether the peace officer or
47	60		special investigator is engaged in the actual discharge of the
48	61		officer's or investigator's duties while carrying the weapon;
49	62		(2) parole officers and neither section prohibits an
50	63		officer from carrying a weapon in this state if the officer is:
51	64		(A) engaged in the actual discharge of the
52	65		officer's duties while carrying the weapon; and
53	66		(B) in compliance with policies and procedures
54	67		adopted by the Texas Department of Criminal Justice regarding the
55	68		possession of a weapon by an officer while on duty;
56	69		(3) community supervision and corrections department
57	70		officers appointed or employed under Section 76.004, Government
58	71		Code, and neither section prohibits an officer from carrying a
59	72		weapon in this state if the officer is:
60	73		(A) engaged in the actual discharge of the
61	74		officer's duties while carrying the weapon; and
62	75		(B) authorized to carry a weapon under Section
63	76		76.0051, Government Code;
64	77		(4) an active judicial officer as defined by Section
65	78		411.201, Government Code, who is licensed to carry a concealed
66	79		handgun under Subchapter H, Chapter 411, Government Code;
67	80		(5) an honorably retired peace officer, qualified
68	81		retired law enforcement officer, federal criminal investigator, or
69	82		former reserve law enforcement officer who holds a certificate of
70	83		proficiency issued under Section 1701.357, Occupations Code, and is
71	84		carrying a photo identification that is issued by a federal, state,
72	85		or local law enforcement agency, as applicable, and that verifies
73	86		that the officer is:
74	87		(A) an honorably retired peace officer;
75	88		(B) a qualified retired law enforcement officer;
76	89		(C) a federal criminal investigator; or
77	90		(D) a former reserve law enforcement officer who
78	91		has served in that capacity not less than a total of 15 years with
79	92		one or more state or local law enforcement agencies;
80	93		(6) a district attorney, criminal district attorney,
81	94		county attorney, or municipal attorney who is licensed to carry a
82	95		concealed handgun under Subchapter H, Chapter 411, Government Code;
83	96		(7) an assistant district attorney, assistant
84	97		criminal district attorney, or assistant county attorney who is
85	98		licensed to carry a concealed handgun under Subchapter H, Chapter
86	99		411, Government Code;
87	100		(8) a bailiff designated by an active judicial officer
88	101		as defined by Section 411.201, Government Code, who is:
89	102		(A) licensed to carry a concealed handgun under
90	103		Chapter 411, Government Code; and
91	104		(B) engaged in escorting the judicial officer;
92	105		[or]
93	106		(9) a juvenile probation officer who is authorized to
94	107		carry a firearm under Section 142.006, Human Resources Code; or
95	108		(10) a person who is volunteer emergency services
96	109		personnel if the person is:
97	110		(A) licensed to carry a concealed handgun under
98	111		Subchapter H, Chapter 411, Government Code; and
99	112		(B) engaged in providing emergency services.
100	113		SECTION 6. The changes in law made by this Act to Section
101	114		30.06 and Chapter 46, Penal Code, apply only to an offense committed
102	115		on or after the effective date of this Act. An offense committed
103	116		before the effective date of this Act is governed by the law in
104	117		effect when the offense was committed, and the former law is
105	118		continued in effect for that purpose. For purposes of this section,
106	119		an offense was committed before the effective date of this Act if
107	120		any element of the offense occurred before that date.
108	121		SECTION 7. This Act takes effect September 1, 2015.