Texas 2015 - 84th Regular

Texas Senate Bill SB1684 Compare Versions

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1	1	By: Huffines S.B. No. 1684
2	2	(In the Senate - Filed March 13, 2015; March 23, 2015, read
3	3	first time and referred to Committee on State Affairs;
4	4	May 21, 2015, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 1; May 21, 2015,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1684 By: Huffman
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to authorizing certain first responders to carry a
14	14	concealed handgun while on duty and to the prosecution of certain
15	15	related criminal offenses; providing for a fee.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Section 411.179(a), Government Code, as amended
18	18	by Chapters 396 (S.B. 164) and 1302 (H.B. 3142), Acts of the 83rd
19	19	Legislature, Regular Session, 2013, is reenacted and amended to
20	20	read as follows:
21	21	(a) The department by rule shall adopt the form of the
22	22	license. A license must include:
23	23	(1) a number assigned to the license holder by the
24	24	department;
25	25	(2) a statement of the period for which the license is
26	26	effective;
27	27	(3) a color photograph of the license holder;
28	28	(4) the license holder's full name, date of birth, hair
29	29	and eye color, height, weight, and signature;
30	30	(5) the license holder's residence address or, as
31	31	provided by Subsection (d), the street address of the courthouse in
32	32	which the license holder or license holder's spouse serves as a
33	33	federal judge or the license holder serves as a state judge;
34	34	(6) the number of a driver's license or an
35	35	identification certificate issued to the license holder by the
36	36	department; [and]
37	37	(7) [(8)] the designation "VETERAN" if required under
38	38	Subsection (e); and
39	39	(8) a designation for an on-duty first responder to
40	40	carry a concealed handgun, if the license holder received that
41	41	designation under Section 411.184.
42	42	SECTION 2. Subchapter H, Chapter 411, Government Code, is
43	43	amended by adding Section 411.184 to read as follows:
44	44	Sec. 411.184. ON-DUTY FIRST RESPONDER DESIGNATION. (a) In
45	45	this section, "first responder" means a public safety employee or
46	46	volunteer whose duties include responding rapidly to an emergency.
47	47	The term includes fire protection personnel, including volunteer
48	48	firefighters, and emergency medical services personnel, including
49	49	emergency medical services volunteers, but does not include
50	50	commissioned law enforcement personnel.
51	51	(b) A first responder is eligible for an on-duty first
52	52	responder designation on the first responder's license to carry a
53	53	concealed handgun under this subchapter if the first responder
54	54	submits to the department:
55	55	(1) on a form provided by the department, a completed
56	56	application for the designation;
57	57	(2) evidence that the license holder:
58	58	(A) is a first responder; and
59	59	(B) has successfully completed a course
60	60	described by Subsection (d); and
61	61	(3) the fee set by the director under Subsection (c).
62	62	(c) The director by rule shall:
63	63	(1) adopt an application form to be used to apply for a
64	64	designation under this section; and
65	65	(2) set a fee in an amount sufficient to cover the cost
66	66	of issuing licenses bearing a designation under this section.
67	67	(d) The director by rule shall establish minimum standards
68	68	for a training course for license holders seeking an on-duty first
69	69	responder designation, to be taken at the license holders' expense.
70	70	The training course must:
71	71	(1) be administered by a qualified handgun instructor;
72	72	(2) include not less than 40 hours of instruction;
73	73	(3) provide classroom training in:
74	74	(A) de-escalation techniques;
75	75	(B) tactical thinking relating to cover for and
76	76	concealment of the license holder and the handgun; and
77	77	(C) consequences of improper use of a handgun;
78	78	(4) provide field instruction in the use of handguns,
79	79	including:
80	80	(A) instinctive or reactive shooting;
81	81	(B) tactical shooting;
82	82	(C) shooting while moving; and
83	83	(D) shooting in low light conditions; and
84	84	(5) require physical demonstrations of proficiency in
85	85	techniques learned in training.
86	86	(e) The department may grant a designation under this
87	87	section to a license holder who meets all the eligibility
88	88	requirements and submits the required application materials and fee
89	89	under Subsection (b). Not later than the 60th day after the date of
90	90	receipt of the application materials and fee, the department shall
91	91	issue the license with the designation or notify the license holder
92	92	in writing that the application for the designation was denied.
93	93	(f) On receipt of a license with a designation under this
94	94	section, the license holder shall return to the department any
95	95	license that was previously issued to the license holder.
96	96	(g) A license holder whose fee to apply for a designation
97	97	under this section is dishonored or reversed may reapply for the
98	98	designation at any time, provided the fee and an additional charge
99	99	of $25 are paid by cashier's check or money order made payable to
100	100	the "Texas Department of Public Safety."
101	101	(h) A license holder who becomes ineligible for the
102	102	designation under this section because the license holder is no
103	103	longer employed or volunteering as a first responder promptly shall
104	104	notify the department. Not later than the 30th day after the date
105	105	of receipt of the notice, the department shall issue a license
106	106	without the designation to the license holder. A license holder who
107	107	is no longer eligible for a designation under this section:
108	108	(1) is not entitled to carry a concealed handgun in a
109	109	location in which the license holder was allowed to carry the
110	110	handgun only by virtue of the designation; and
111	111	(2) on receipt of the license without the designation,
112	112	promptly shall return the license with the designation to the
113	113	department.
114	114	(i) A designation under this section does not limit the
115	115	right of a first responder to carry a handgun or other weapon under
116	116	other law.
117	117	(j) The director by rule shall approve devices to enable a
118	118	first responder to secure a handgun if the first responder, while on
119	119	duty, is required to enter a location where carrying the handgun is
120	120	prohibited by federal law or otherwise.
121	121	(k) A governmental entity that employs or otherwise
122	122	supervises first responders may not adopt a rule or regulation that
123	123	prohibits a first responder who holds a license bearing a
124	124	designation under this section from:
125	125	(1) carrying a concealed handgun while on duty; or
126	126	(2) storing a handgun on the premises of or in a
127	127	vehicle owned or operated by the governmental entity if the handgun
128	128	is secured with a device approved by the department under
129	129	Subsection (j).
130	130	(l) This section does not create a cause of action or
131	131	liability.
132	132	(m) A governmental entity that employs or otherwise
133	133	supervises first responders is not liable in a civil action arising
134	134	from the discharge of a handgun by a first responder who is licensed
135	135	to carry a concealed handgun under this subchapter.
136	136	(n) The discharge of a handgun by a first responder who is
137	137	licensed to carry a concealed handgun under this subchapter is
138	138	outside the course and scope of the first responder's duties.
139	139	(o) This section may not be construed to waive the immunity
140	140	from suit or liability of a governmental entity that employs or
141	141	otherwise supervises first responders under Chapter 101, Civil
142	142	Practice and Remedies Code, or any other law.
143	143	SECTION 3. Section 46.035(h-1), Penal Code, as added by
144	144	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
145	145	Session, 2007, is amended to read as follows:
146	146	(h-1) It is a defense to prosecution under Subsections
147	147	(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time
148	148	of the commission of the offense, the actor was:
149	149	(1) a judge or justice of a federal court;
150	150	(2) an active judicial officer, as defined by Section
151	151	411.201, Government Code; [or]
152	152	(3) a district attorney, assistant district attorney,
153	153	criminal district attorney, assistant criminal district attorney,
154	154	county attorney, or assistant county attorney; or
155	155	(4) a first responder who:
156	156	(A) is carrying a concealed handgun and holds a
157	157	license to carry a concealed handgun under Subchapter H, Chapter
158	158	411, Government Code, that bears an on-duty first responder
159	159	designation under Section 411.184 of that code; and
160	160	(B) is engaged in the actual discharge of the
161	161	first responder's duties while carrying the concealed handgun.
162	162	SECTION 4. Section 46.15(a), Penal Code, is amended to read
163	163	as follows:
164	164	(a) Sections 46.02 and 46.03 do not apply to:
165	165	(1) peace officers or special investigators under
166	166	Article 2.122, Code of Criminal Procedure, and neither section
167	167	prohibits a peace officer or special investigator from carrying a
168	168	weapon in this state, including in an establishment in this state
169	169	serving the public, regardless of whether the peace officer or
170	170	special investigator is engaged in the actual discharge of the
171	171	officer's or investigator's duties while carrying the weapon;
172	172	(2) parole officers and neither section prohibits an
173	173	officer from carrying a weapon in this state if the officer is:
174	174	(A) engaged in the actual discharge of the
175	175	officer's duties while carrying the weapon; and
176	176	(B) in compliance with policies and procedures
177	177	adopted by the Texas Department of Criminal Justice regarding the
178	178	possession of a weapon by an officer while on duty;
179	179	(3) community supervision and corrections department
180	180	officers appointed or employed under Section 76.004, Government
181	181	Code, and neither section prohibits an officer from carrying a
182	182	weapon in this state if the officer is:
183	183	(A) engaged in the actual discharge of the
184	184	officer's duties while carrying the weapon; and
185	185	(B) authorized to carry a weapon under Section
186	186	76.0051, Government Code;
187	187	(4) an active judicial officer as defined by Section
188	188	411.201, Government Code, who is licensed to carry a concealed
189	189	handgun under Subchapter H, Chapter 411, Government Code;
190	190	(5) an honorably retired peace officer, qualified
191	191	retired law enforcement officer, federal criminal investigator, or
192	192	former reserve law enforcement officer who holds a certificate of
193	193	proficiency issued under Section 1701.357, Occupations Code, and is
194	194	carrying a photo identification that is issued by a federal, state,
195	195	or local law enforcement agency, as applicable, and that verifies
196	196	that the officer is:
197	197	(A) an honorably retired peace officer;
198	198	(B) a qualified retired law enforcement officer;
199	199	(C) a federal criminal investigator; or
200	200	(D) a former reserve law enforcement officer who
201	201	has served in that capacity not less than a total of 15 years with
202	202	one or more state or local law enforcement agencies;
203	203	(6) a district attorney, criminal district attorney,
204	204	county attorney, or municipal attorney who is licensed to carry a
205	205	concealed handgun under Subchapter H, Chapter 411, Government Code;
206	206	(7) an assistant district attorney, assistant
207	207	criminal district attorney, or assistant county attorney who is
208	208	licensed to carry a concealed handgun under Subchapter H, Chapter
209	209	411, Government Code;
210	210	(8) a bailiff designated by an active judicial officer
211	211	as defined by Section 411.201, Government Code, who is:
212	212	(A) licensed to carry a concealed handgun under
213	213	Chapter 411, Government Code; and
214	214	(B) engaged in escorting the judicial officer;
215	215	[or]
216	216	(9) a juvenile probation officer who is authorized to
217	217	carry a firearm under Section 142.006, Human Resources Code; or
218	218	(10) a first responder who:
219	219	(A) is carrying a concealed handgun and holds a
220	220	license to carry a concealed handgun under Subchapter H, Chapter
221	221	411, Government Code, that bears an on-duty first responder
222	222	designation under Section 411.184 of that code; and
223	223	(B) is engaged in the actual discharge of the
224	224	first responder's duties while carrying the concealed handgun.
225	225	SECTION 5. The public safety director of the Department of
226	226	Public Safety shall adopt the rules necessary to implement Section
227	227	411.184, Government Code, as added by this Act, not later than
228	228	December 1, 2015.
229	229	SECTION 6. (a) A qualified handgun instructor may not
230	230	offer the training course described by Section 411.184(d),
231	231	Government Code, as added by this Act, before January 1, 2016.
232	232	(b) The Department of Public Safety may not accept an
233	233	application for or grant a designation under Section 411.184,
234	234	Government Code, as added by this Act, before January 1, 2016.
235	235	SECTION 7. The change in law made by this Act in amending
236	236	Sections 46.035 and 46.15, Penal Code, applies only to an offense
237	237	committed on or after January 1, 2016. An offense committed before
238	238	January 1, 2016, is governed by the law in effect on the date the
239	239	offense was committed, and the former law is continued in effect for
240	240	that purpose. For purposes of this section, an offense was
241	241	committed before January 1, 2016, if any element of the offense
242	242	occurred before that date.
243	243	SECTION 8. To the extent of any conflict, this Act prevails
244	244	over another Act of the 84th Legislature, Regular Session, 2015,
245	245	relating to nonsubstantive additions to and corrections in enacted
246	246	codes.
247	247	SECTION 9. This Act takes effect September 1, 2015.
248	248	* * * * *