| 1 | 1 | | 85R11674 JSC-D |
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| 2 | 2 | | By: Bohac H.B. No. 2735 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the carrying of a handgun by certain first responders |
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| 8 | 8 | | and volunteer emergency services personnel; providing for a fee. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 411.179(a), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) The department by rule shall adopt the form of the |
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| 13 | 13 | | license. A license must include: |
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| 14 | 14 | | (1) a number assigned to the license holder by the |
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| 15 | 15 | | department; |
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| 16 | 16 | | (2) a statement of the period for which the license is |
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| 17 | 17 | | effective; |
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| 18 | 18 | | (3) a color photograph of the license holder; |
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| 19 | 19 | | (4) the license holder's full name, date of birth, hair |
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| 20 | 20 | | and eye color, height, weight, and signature; |
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| 21 | 21 | | (5) the license holder's residence address or, as |
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| 22 | 22 | | provided by Subsection (d), the street address of the courthouse in |
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| 23 | 23 | | which the license holder or license holder's spouse serves as a |
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| 24 | 24 | | federal judge or the license holder serves as a state judge; |
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| 25 | 25 | | (6) the number of a driver's license or an |
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| 26 | 26 | | identification certificate issued to the license holder by the |
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| 27 | 27 | | department; [and] |
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| 28 | 28 | | (7) the designation "VETERAN" if required under |
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| 29 | 29 | | Subsection (e); and |
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| 30 | 30 | | (8) a designation for an on-duty first responder to |
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| 31 | 31 | | carry a handgun, if the license holder received that designation |
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| 32 | 32 | | under Section 411.184. |
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| 33 | 33 | | SECTION 2. Subchapter H, Chapter 411, Government Code, is |
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| 34 | 34 | | amended by adding Section 411.184 to read as follows: |
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| 35 | 35 | | Sec. 411.184. ON-DUTY FIRST RESPONDER DESIGNATION. (a) In |
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| 36 | 36 | | this section, "first responder" means a public safety employee or |
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| 37 | 37 | | volunteer whose duties include responding rapidly to an emergency. |
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| 38 | 38 | | The term includes fire protection personnel, including volunteer |
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| 39 | 39 | | firefighters, and emergency medical services personnel, including |
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| 40 | 40 | | emergency medical services volunteers. The term does not include |
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| 41 | 41 | | commissioned law enforcement personnel. |
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| 42 | 42 | | (b) A first responder is eligible for an on-duty first |
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| 43 | 43 | | responder designation on the first responder's license to carry a |
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| 44 | 44 | | handgun under this subchapter if the first responder submits to the |
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| 45 | 45 | | department: |
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| 46 | 46 | | (1) on a form provided by the department, a completed |
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| 47 | 47 | | application for the designation; |
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| 48 | 48 | | (2) evidence that the license holder: |
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| 49 | 49 | | (A) is a first responder; and |
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| 50 | 50 | | (B) has successfully completed a course |
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| 51 | 51 | | described by Subsection (d); and |
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| 52 | 52 | | (3) the fee set by the director under Subsection (c). |
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| 53 | 53 | | (c) The director by rule shall: |
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| 54 | 54 | | (1) adopt an application form to be used to apply for a |
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| 55 | 55 | | designation under this section; and |
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| 56 | 56 | | (2) set a fee in an amount sufficient to cover the cost |
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| 57 | 57 | | of issuing licenses bearing a designation under this section. |
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| 58 | 58 | | (d) The director by rule shall establish minimum standards |
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| 59 | 59 | | for a training course for a license holder seeking an on-duty first |
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| 60 | 60 | | responder designation, to be taken at the license holder's expense. |
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| 61 | 61 | | The training course must: |
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| 62 | 62 | | (1) be administered by a qualified handgun instructor; |
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| 63 | 63 | | (2) include not less than 40 hours of instruction; |
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| 64 | 64 | | (3) provide classroom training in: |
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| 65 | 65 | | (A) de-escalation techniques; |
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| 66 | 66 | | (B) tactical thinking relating to cover for and |
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| 67 | 67 | | concealment of the license holder; |
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| 68 | 68 | | (C) methods to conceal a handgun and methods to |
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| 69 | 69 | | ensure the secure carrying of an openly carried handgun; and |
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| 70 | 70 | | (D) consequences of improper use of a handgun; |
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| 71 | 71 | | (4) provide field instruction in the use of handguns, |
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| 72 | 72 | | including: |
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| 73 | 73 | | (A) instinctive or reactive shooting; |
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| 74 | 74 | | (B) tactical shooting; |
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| 75 | 75 | | (C) shooting while moving; and |
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| 76 | 76 | | (D) shooting in low light conditions; and |
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| 77 | 77 | | (5) require physical demonstrations of proficiency in |
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| 78 | 78 | | techniques learned in training. |
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| 79 | 79 | | (e) The department may grant a designation under this |
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| 80 | 80 | | section to a license holder who meets all the eligibility |
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| 81 | 81 | | requirements and submits the required application materials and fee |
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| 82 | 82 | | under Subsection (b). Not later than the 60th day after the date of |
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| 83 | 83 | | receipt of the application materials and fee, the department shall |
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| 84 | 84 | | issue the license with the designation or notify the license holder |
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| 85 | 85 | | in writing that the application for the designation was denied. |
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| 86 | 86 | | (f) On receipt of a license with a designation under this |
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| 87 | 87 | | section, the license holder shall return to the department any |
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| 88 | 88 | | license that was previously issued to the license holder. |
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| 89 | 89 | | (g) A license holder whose fee to apply for a designation |
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| 90 | 90 | | under this section is dishonored or reversed may reapply for the |
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| 91 | 91 | | designation at any time, provided the fee and an additional charge |
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| 92 | 92 | | of $25 are paid by cashier's check or money order made payable to |
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| 93 | 93 | | the "Texas Department of Public Safety." |
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| 94 | 94 | | (h) A license holder who becomes ineligible for the |
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| 95 | 95 | | designation under this section because the license holder is no |
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| 96 | 96 | | longer employed or volunteering as a first responder promptly shall |
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| 97 | 97 | | notify the department. Not later than the 30th day after the date |
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| 98 | 98 | | of receipt of the notice, the department shall issue a license |
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| 99 | 99 | | without the designation to the license holder. A license holder who |
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| 100 | 100 | | is no longer eligible for a designation under this section: |
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| 101 | 101 | | (1) is not entitled to carry a handgun in a location in |
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| 102 | 102 | | which the license holder was allowed to carry the handgun only by |
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| 103 | 103 | | virtue of the designation; and |
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| 104 | 104 | | (2) on receipt of the license without the designation, |
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| 105 | 105 | | promptly shall return the license with the designation to the |
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| 106 | 106 | | department. |
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| 107 | 107 | | (i) A designation under this section does not limit the |
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| 108 | 108 | | right of a first responder to carry a handgun or other weapon under |
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| 109 | 109 | | other law. |
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| 110 | 110 | | (j) The director by rule shall approve devices to enable a |
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| 111 | 111 | | first responder to secure a handgun if the first responder, while on |
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| 112 | 112 | | duty, is required to enter a location where carrying the handgun is |
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| 113 | 113 | | prohibited by federal law or otherwise. |
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| 114 | 114 | | (k) A governmental entity that employs or otherwise |
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| 115 | 115 | | supervises first responders may not adopt a rule or regulation that |
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| 116 | 116 | | prohibits a first responder who holds a license bearing a |
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| 117 | 117 | | designation under this section from: |
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| 118 | 118 | | (1) carrying a handgun while on duty; or |
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| 119 | 119 | | (2) storing a handgun on the premises of or in a |
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| 120 | 120 | | vehicle owned or operated by the governmental entity if the handgun |
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| 121 | 121 | | is secured with a device approved by the department under |
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| 122 | 122 | | Subsection (j). |
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| 123 | 123 | | (l) This section does not create a cause of action or |
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| 124 | 124 | | liability. |
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| 125 | 125 | | (m) A governmental entity that employs or otherwise |
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| 126 | 126 | | supervises first responders is not liable in a civil action arising |
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| 127 | 127 | | from the discharge of a handgun by a first responder who is licensed |
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| 128 | 128 | | to carry a handgun under this subchapter. |
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| 129 | 129 | | (n) The discharge of a handgun by a first responder who is |
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| 130 | 130 | | licensed to carry a handgun under this subchapter is outside the |
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| 131 | 131 | | course and scope of the first responder's duties. |
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| 132 | 132 | | (o) This section may not be construed to waive the immunity |
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| 133 | 133 | | from suit or liability of a governmental entity that employs or |
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| 134 | 134 | | otherwise supervises first responders under Chapter 101, Civil |
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| 135 | 135 | | Practice and Remedies Code, or any other law. |
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| 136 | 136 | | SECTION 3. Section 46.035(h-1), Penal Code, as added by |
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| 137 | 137 | | Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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| 138 | 138 | | Session, 2007, is amended to read as follows: |
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| 139 | 139 | | (h-1) It is a defense to prosecution under Subsections |
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| 140 | 140 | | (b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time |
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| 141 | 141 | | of the commission of the offense, the actor was: |
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| 142 | 142 | | (1) a judge or justice of a federal court; |
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| 143 | 143 | | (2) an active judicial officer, as defined by Section |
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| 144 | 144 | | 411.201, Government Code; [or] |
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| 145 | 145 | | (3) a district attorney, assistant district attorney, |
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| 146 | 146 | | criminal district attorney, assistant criminal district attorney, |
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| 147 | 147 | | county attorney, or assistant county attorney; or |
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| 148 | 148 | | (4) a first responder who: |
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| 149 | 149 | | (A) was carrying a handgun and held a license to |
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| 150 | 150 | | carry a handgun under Subchapter H, Chapter 411, Government Code, |
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| 151 | 151 | | bearing an on-duty first responder designation under Section |
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| 152 | 152 | | 411.184 of that code; and |
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| 153 | 153 | | (B) was engaged in the actual discharge of the |
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| 154 | 154 | | first responder's duties while carrying the handgun. |
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| 155 | 155 | | SECTION 4. Section 46.15(a), Penal Code, is amended to read |
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| 156 | 156 | | as follows: |
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| 157 | 157 | | (a) Sections 46.02 and 46.03 do not apply to: |
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| 158 | 158 | | (1) peace officers or special investigators under |
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| 159 | 159 | | Article 2.122, Code of Criminal Procedure, and neither section |
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| 160 | 160 | | prohibits a peace officer or special investigator from carrying a |
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| 161 | 161 | | weapon in this state, including in an establishment in this state |
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| 162 | 162 | | serving the public, regardless of whether the peace officer or |
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| 163 | 163 | | special investigator is engaged in the actual discharge of the |
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| 164 | 164 | | officer's or investigator's duties while carrying the weapon; |
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| 165 | 165 | | (2) parole officers and neither section prohibits an |
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| 166 | 166 | | officer from carrying a weapon in this state if the officer is: |
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| 167 | 167 | | (A) engaged in the actual discharge of the |
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| 168 | 168 | | officer's duties while carrying the weapon; and |
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| 169 | 169 | | (B) in compliance with policies and procedures |
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| 170 | 170 | | adopted by the Texas Department of Criminal Justice regarding the |
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| 171 | 171 | | possession of a weapon by an officer while on duty; |
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| 172 | 172 | | (3) community supervision and corrections department |
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| 173 | 173 | | officers appointed or employed under Section 76.004, Government |
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| 174 | 174 | | Code, and neither section prohibits an officer from carrying a |
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| 175 | 175 | | weapon in this state if the officer is: |
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| 176 | 176 | | (A) engaged in the actual discharge of the |
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| 177 | 177 | | officer's duties while carrying the weapon; and |
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| 178 | 178 | | (B) authorized to carry a weapon under Section |
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| 179 | 179 | | 76.0051, Government Code; |
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| 180 | 180 | | (4) an active judicial officer as defined by Section |
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| 181 | 181 | | 411.201, Government Code, who is licensed to carry a handgun under |
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| 182 | 182 | | Subchapter H, Chapter 411, Government Code; |
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| 183 | 183 | | (5) an honorably retired peace officer, qualified |
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| 184 | 184 | | retired law enforcement officer, federal criminal investigator, or |
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| 185 | 185 | | former reserve law enforcement officer who holds a certificate of |
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| 186 | 186 | | proficiency issued under Section 1701.357, Occupations Code, and is |
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| 187 | 187 | | carrying a photo identification that is issued by a federal, state, |
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| 188 | 188 | | or local law enforcement agency, as applicable, and that verifies |
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| 189 | 189 | | that the officer is: |
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| 190 | 190 | | (A) an honorably retired peace officer; |
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| 191 | 191 | | (B) a qualified retired law enforcement officer; |
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| 192 | 192 | | (C) a federal criminal investigator; or |
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| 193 | 193 | | (D) a former reserve law enforcement officer who |
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| 194 | 194 | | has served in that capacity not less than a total of 15 years with |
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| 195 | 195 | | one or more state or local law enforcement agencies; |
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| 196 | 196 | | (6) a district attorney, criminal district attorney, |
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| 197 | 197 | | county attorney, or municipal attorney who is licensed to carry a |
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| 198 | 198 | | handgun under Subchapter H, Chapter 411, Government Code; |
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| 199 | 199 | | (7) an assistant district attorney, assistant |
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| 200 | 200 | | criminal district attorney, or assistant county attorney who is |
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| 201 | 201 | | licensed to carry a handgun under Subchapter H, Chapter 411, |
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| 202 | 202 | | Government Code; |
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| 203 | 203 | | (8) a bailiff designated by an active judicial officer |
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| 204 | 204 | | as defined by Section 411.201, Government Code, who is: |
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| 205 | 205 | | (A) licensed to carry a handgun under Subchapter |
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| 206 | 206 | | H, Chapter 411, Government Code; and |
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| 207 | 207 | | (B) engaged in escorting the judicial officer; |
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| 208 | 208 | | [or] |
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| 209 | 209 | | (9) a juvenile probation officer who is authorized to |
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| 210 | 210 | | carry a firearm under Section 142.006, Human Resources Code; or |
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| 211 | 211 | | (10) a first responder who: |
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| 212 | 212 | | (A) is carrying a handgun and holds a license to |
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| 213 | 213 | | carry a handgun under Subchapter H, Chapter 411, Government Code, |
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| 214 | 214 | | that bears an on-duty first responder designation under Section |
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| 215 | 215 | | 411.184 of that code; and |
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| 216 | 216 | | (B) is engaged in the actual discharge of the |
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| 217 | 217 | | first responder's duties while carrying the handgun. |
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| 218 | 218 | | SECTION 5. The public safety director of the Department of |
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| 219 | 219 | | Public Safety shall adopt the rules necessary to implement Section |
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| 220 | 220 | | 411.184, Government Code, as added by this Act, not later than |
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| 221 | 221 | | December 1, 2017. |
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| 222 | 222 | | SECTION 6. (a) A qualified handgun instructor may not |
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| 223 | 223 | | offer the training course described by Section 411.184(d), |
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| 224 | 224 | | Government Code, as added by this Act, before January 1, 2018. |
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| 225 | 225 | | (b) The Department of Public Safety may not accept an |
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| 226 | 226 | | application for or grant a designation under Section 411.184, |
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| 227 | 227 | | Government Code, as added by this Act, before January 1, 2018. |
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| 228 | 228 | | SECTION 7. The change in law made by this Act in amending |
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| 229 | 229 | | Sections 46.035 and 46.15, Penal Code, applies only to an offense |
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| 230 | 230 | | committed on or after January 1, 2018. An offense committed before |
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| 231 | 231 | | January 1, 2018, is governed by the law in effect on the date the |
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| 232 | 232 | | offense was committed, and the former law is continued in effect for |
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| 233 | 233 | | that purpose. For purposes of this section, an offense was |
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| 234 | 234 | | committed before January 1, 2018, if any element of the offense |
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| 235 | 235 | | occurred before that date. |
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| 236 | 236 | | SECTION 8. This Act takes effect September 1, 2017. |
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