85R11674 JSC-D
By: Bohac H.B. No. 2735
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of a handgun by certain first responders
and volunteer emergency services personnel; providing for a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.179(a), Government Code, is 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) the designation "VETERAN" if required under
Subsection (e); and
(8) a designation for an on-duty first responder to
carry a 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 fire protection personnel, including volunteer
firefighters, and emergency medical services personnel, including
emergency medical services volunteers. The term does not include
commissioned law enforcement personnel.
(b) A first responder is eligible for an on-duty first
responder designation on the first responder's license to carry a
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 a license holder seeking an on-duty first
responder designation, to be taken at the license holder's expense.
The training course must:
(1) be administered by a qualified handgun instructor;
(2) include not less than 40 hours of instruction;
(3) provide classroom training in:
(A) de-escalation techniques;
(B) tactical thinking relating to cover for and
concealment of the license holder;
(C) methods to conceal a handgun and methods to
ensure the secure carrying of an openly carried handgun; and
(D) consequences of improper use of a handgun;
(4) provide field instruction in the use of handguns,
including:
(A) instinctive or reactive shooting;
(B) tactical shooting;
(C) shooting while moving; and
(D) shooting in low light conditions; and
(5) require physical demonstrations of proficiency in
techniques learned in training.
(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 60th 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. A license holder who
is no longer eligible for a designation under this section:
(1) is not entitled to carry a 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) The director by rule shall approve devices to enable a
first responder to secure a handgun if the first responder, while on
duty, is required to enter a location where carrying the handgun is
prohibited by federal law or otherwise.
(k) 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:
(1) carrying a handgun while on duty; or
(2) storing a handgun on the premises of or in a
vehicle owned or operated by the governmental entity if the handgun
is secured with a device approved by the department under
Subsection (j).
(l) This section does not create a cause of action or
liability.
(m) A governmental entity that employs or otherwise
supervises first responders is not liable in a civil action arising
from the discharge of a handgun by a first responder who is licensed
to carry a handgun under this subchapter.
(n) The discharge of a handgun by a first responder who is
licensed to carry a handgun under this subchapter is outside the
course and scope of the first responder's duties.
(o) This section may not be construed to waive the immunity
from suit or liability of a governmental entity that employs or
otherwise supervises first responders under Chapter 101, Civil
Practice and Remedies Code, or any other law.
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) was carrying a handgun and held a license to
carry a handgun under Subchapter H, Chapter 411, Government Code,
bearing an on-duty first responder designation under Section
411.184 of that code; and
(B) was engaged in the actual discharge of the
first responder's duties while carrying the 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 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
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 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 handgun under Subchapter
H, 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 handgun and holds a license to
carry a 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 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, 2017.
SECTION 6. (a) A qualified handgun instructor may not
offer the training course described by Section 411.184(d),
Government Code, as added by this Act, before January 1, 2018.
(b) The Department of Public Safety may not accept an
application for or grant a designation under Section 411.184,
Government Code, as added by this Act, before January 1, 2018.
SECTION 7. The change in law made by this Act in amending
Sections 46.035 and 46.15, Penal Code, applies only to an offense
committed on or after January 1, 2018. An offense committed before
January 1, 2018, 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 January 1, 2018, if any element of the offense
occurred before that date.
SECTION 8. This Act takes effect September 1, 2017.