H.B. No. 435
AN ACT
relating to the carrying of weapons, including the application of
certain weapons and handgun license laws to certain persons, the
carrying of handguns by license holders on the property of a state
hospital, and the liability for certain actions of volunteer
emergency services personnel licensed to carry a handgun; providing
a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 112 to read as follows:
CHAPTER 112. LIMITATION OF LIABILITY FOR GOVERNMENTAL UNITS
Sec. 112.001. CERTAIN ACTIONS OF VOLUNTEER EMERGENCY
SERVICES PERSONNEL. (a) In this section:
(1) "Governmental unit" has the meaning assigned by
Section 101.001.
(2) "Volunteer emergency services personnel" has the
meaning assigned by Section 46.01, Penal Code.
(b) A governmental unit is not liable in a civil action
arising from the discharge of a handgun by an individual who is
volunteer emergency services personnel and licensed to carry the
handgun under Subchapter H, Chapter 411, Government Code.
(c) The discharge of a handgun by an individual who is
volunteer emergency services personnel and licensed to carry the
handgun under Subchapter H, Chapter 411, Government Code, is
outside the course and scope of the individual's duties as
volunteer emergency services personnel.
(d) This section may not be construed to waive the immunity
from suit or liability of a governmental unit under Chapter 101 or
any other law.
SECTION 2. Section 411.179(c), Government Code, is amended
to read as follows:
(c) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
qualified handgun instructor or of the attorney general or a judge,
justice, United States attorney, assistant United States attorney,
assistant attorney general, prosecuting attorney, or assistant
prosecuting attorney, as described by Section 46.15(a)(4), [or]
(6), or (7), Penal Code, to indicate on the license the license
holder's status as a qualified handgun instructor or as the
attorney general or a judge, justice, United States attorney,
assistant United States attorney, assistant attorney general,
district attorney, criminal district attorney, or county attorney.
In establishing the procedure, the department shall require
sufficient documentary evidence to establish the license holder's
status under this subsection.
SECTION 3. Section 411.1882(a), Government Code, is amended
to read as follows:
(a) A person who is serving in this state as the attorney
general or as a judge or justice of a federal court, as an active
judicial officer as defined by Section 411.201, as a United States
attorney, assistant United States attorney, assistant attorney
general, district attorney, assistant district attorney, criminal
district attorney, assistant criminal district attorney, county
attorney, or assistant county attorney, as a supervision officer as
defined by [Section 2,] Article 42A.001 [42.12], Code of Criminal
Procedure, or as a juvenile probation officer may establish handgun
proficiency for the purposes of this subchapter by obtaining from a
handgun proficiency instructor approved by the Texas Commission on
Law Enforcement for purposes of Section 1702.1675, Occupations
Code, a sworn statement that indicates that the person, during the
12-month period preceding the date of the person's application to
the department, demonstrated to the instructor proficiency in the
use of handguns.
SECTION 4. Section 411.201(h), Government Code, is amended
to read as follows:
(h) The department shall issue a license to carry a handgun
under the authority of this subchapter to a United States attorney
or an assistant United States attorney, or to an [elected] attorney
elected or employed to represent [representing] the state in the
prosecution of felony cases, who meets the requirements of this
section for an active judicial officer. The department shall waive
any fee required for the issuance of an original, duplicate, or
renewed license under this subchapter for an applicant who is a
United States attorney or an assistant United States attorney or
who is an attorney elected or employed to represent the state in the
prosecution of felony cases.
SECTION 5. The heading to Section 411.209, Government Code,
is amended to read as follows:
Sec. 411.209. WRONGFUL EXCLUSION OF [CONCEALED] HANDGUN
LICENSE HOLDER.
SECTION 6. Section 411.209, Government Code, is amended by
amending Subsections (a) and (d) and adding Subsection (i) to read
as follows:
(a) Except as provided by Subsection (i), a [A] state agency
or a political subdivision of the state may not provide notice by a
communication described by Section 30.06, Penal Code, or by any
sign expressly referring to that law or to a [concealed handgun]
license to carry a handgun, that a license holder carrying a handgun
under the authority of this subchapter is prohibited from entering
or remaining on a premises or other place owned or leased by the
governmental entity unless license holders are prohibited from
carrying a handgun on the premises or other place by Section 46.03
or 46.035, Penal Code.
(d) A resident [citizen] of this state or a person licensed
to carry a [concealed] handgun under this subchapter may file a
complaint with the attorney general that a state agency or
political subdivision is in violation of Subsection (a) if the
resident [citizen] or person provides the agency or subdivision a
written notice that describes the violation and specific location
of the sign found to be in violation and the agency or subdivision
does not cure the violation before the end of the third business day
after the date of receiving the written notice. A complaint filed
under this subsection must include evidence of the violation and a
copy of the written notice.
(i) Subsection (a) does not apply to a written notice
provided by a state hospital under Section 552.002, Health and
Safety Code.
SECTION 7. Subchapter A, Chapter 552, Health and Safety
Code, is amended by adding Section 552.002 to read as follows:
Sec. 552.002. CARRYING OF HANDGUN BY LICENSE HOLDER IN
STATE HOSPITAL. (a) In this section:
(1) "License holder" has the meaning assigned by
Section 46.035(f), Penal Code.
(2) "State hospital" means the following facilities:
(A) the Austin State Hospital;
(B) the Big Spring State Hospital;
(C) the El Paso Psychiatric Center;
(D) the Kerrville State Hospital;
(E) the North Texas State Hospital;
(F) the Rio Grande State Center;
(G) the Rusk State Hospital;
(H) the San Antonio State Hospital;
(I) the Terrell State Hospital; and
(J) the Waco Center for Youth.
(3) "Written notice" means a sign that is posted on
property and that:
(A) includes in both English and Spanish written
language identical to the following: "Pursuant to Section 552.002,
Health and Safety Code (carrying of handgun by license holder in
state hospital), a person licensed under Subchapter H, Chapter 411,
Government Code (handgun licensing law), may not enter this
property with a handgun";
(B) appears in contrasting colors with block
letters at least one inch in height; and
(C) is displayed in a conspicuous manner clearly
visible to the public at each entrance to the property.
(b) A state hospital may prohibit a license holder from
carrying a handgun under the authority of Subchapter H, Chapter
411, Government Code, on the property of the hospital by providing
written notice.
(c) A license holder who carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, on the
property of a state hospital at which written notice is provided is
liable for a civil penalty in the amount of:
(1) $100 for the first violation; or
(2) $500 for the second or subsequent violation.
(d) The attorney general or an appropriate prosecuting
attorney may sue to collect a civil penalty under this section.
SECTION 8. Section 30.06, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.
SECTION 9. Section 30.07, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) It is a defense to prosecution under this section that
the license holder is volunteer emergency services personnel, as
defined by Section 46.01.
SECTION 10. 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 any individual who, as a volunteer, provides services for the
benefit of the general public during emergency situations. The
term does not include a peace officer or reserve law enforcement
officer, as those terms are defined by Section 1701.001,
Occupations Code, who is performing law enforcement duties.
SECTION 11. 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) the attorney general or a United States attorney,
assistant United States attorney, assistant attorney general,
district attorney, assistant district attorney, criminal district
attorney, assistant criminal district attorney, county attorney,
or assistant county attorney.
SECTION 12. Section 46.035, Penal Code, is amended by
adding Subsection (m) to read as follows:
(m) It is a defense to prosecution under Subsections (b) and
(c) that the actor is volunteer emergency services personnel
engaged in providing emergency services.
SECTION 13. 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) the attorney general or a United States attorney,
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 United States attorney, assistant
attorney general, 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 person who is volunteer emergency services
personnel if the person is:
(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services.
SECTION 14. The changes in law made by this Act to Sections
30.06 and 30.07 and Chapter 46, Penal Code, apply 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 15. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 16. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 435 was passed by the House on May 3,
2017, by the following vote: Yeas 144, Nays 2, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 435 on May 26, 2017, by the following vote: Yeas 136, Nays 9, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 435 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor