85R424 SCL/AJZ-D
By: King of Hemphill, Bailes, Springer, H.B. No. 435
Flynn
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain weapons laws to and
liability for certain actions of volunteer emergency services
personnel licensed to carry a handgun.
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 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 3. 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 4. 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 5. 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 6. 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 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 7. 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 8. This Act takes effect September 1, 2017.