Texas 2017 - 85th Regular

Texas House Bill HB982 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2919 JSC-D
2	2	By: Wray H.B. No. 982
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying of a handgun by a first responder engaged
8	8	in the actual discharge of the first responder's duties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 180, Local Government Code, is amended
11	11	by adding Section 180.008 to read as follows:
12	12	Sec. 180.008. CARRYING OF HANDGUN BY CERTAIN FIRST
13	13	RESPONDERS. (a) In this section, "first responder" has the meaning
14	14	assigned by Section 46.035(f), Penal Code.
15	15	(b) A political subdivision that employs or supervises a
16	16	first responder may not prohibit a first responder who holds a
17	17	license to carry a handgun under Subchapter H, Chapter 411,
18	18	Government Code, from carrying a handgun in the actual discharge of
19	19	the first responder's duties.
20	20	SECTION 2. Section 30.06(c)(2), Penal Code, is amended to
21	21	read as follows:
22	22	(2) "First responder" and "license ["License] holder"
23	23	have [has] the meanings [meaning] assigned by Section 46.035(f).
24	24	SECTION 3. Section 30.06, Penal Code, is amended by adding
25	25	Subsection (f) to read as follows:
26	26	(f) It is an exception to the application of this section
27	27	that the license holder was a first responder engaged in the actual
28	28	discharge of the first responder's duties.
29	29	SECTION 4. Section 30.07(c)(2), Penal Code, is amended to
30	30	read as follows:
31	31	(2) "First responder" and "license ["License] holder"
32	32	have [has] the meanings [meaning] assigned by Section 46.035(f).
33	33	SECTION 5. Section 30.07, Penal Code, is amended by adding
34	34	Subsection (g) to read as follows:
35	35	(g) It is an exception to the application of this section
36	36	that the license holder was a first responder engaged in the actual
37	37	discharge of the first responder's duties.
38	38	SECTION 6. Section 46.035(f), Penal Code, is amended by
39	39	adding Subdivision (4) to read as follows:
40	40	(4) "First responder" means a public safety employee
41	41	or volunteer whose duties include responding rapidly to an
42	42	emergency. The term includes fire protection personnel, including
43	43	volunteer firefighters, and emergency medical services personnel,
44	44	including emergency medical services volunteers. The term does not
45	45	include commissioned law enforcement personnel.
46	46	SECTION 7. Section 46.035(h-1), Penal Code, as added by
47	47	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
48	48	Session, 2007, is amended to read as follows:
49	49	(h-1) It is a defense to prosecution under Subsections
50	50	(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time
51	51	of the commission of the offense, the actor was:
52	52	(1) a judge or justice of a federal court;
53	53	(2) an active judicial officer, as defined by Section
54	54	411.201, Government Code; [or]
55	55	(3) a district attorney, assistant district attorney,
56	56	criminal district attorney, assistant criminal district attorney,
57	57	county attorney, or assistant county attorney; or
58	58	(4) a first responder who:
59	59	(A) was carrying a handgun and held a license to
60	60	carry a handgun under Subchapter H, Chapter 411, Government Code;
61	61	and
62	62	(B) was engaged in the actual discharge of the
63	63	first responder's duties while carrying the handgun.
64	64	SECTION 8. Section 46.15(a), Penal Code, is amended to read
65	65	as follows:
66	66	(a) Sections 46.02 and 46.03 do not apply to:
67	67	(1) peace officers or special investigators under
68	68	Article 2.122, Code of Criminal Procedure, and neither section
69	69	prohibits a peace officer or special investigator from carrying a
70	70	weapon in this state, including in an establishment in this state
71	71	serving the public, regardless of whether the peace officer or
72	72	special investigator is engaged in the actual discharge of the
73	73	officer's or investigator's duties while carrying the weapon;
74	74	(2) parole officers and neither section prohibits an
75	75	officer from carrying a weapon in this state if the officer is:
76	76	(A) engaged in the actual discharge of the
77	77	officer's duties while carrying the weapon; and
78	78	(B) in compliance with policies and procedures
79	79	adopted by the Texas Department of Criminal Justice regarding the
80	80	possession of a weapon by an officer while on duty;
81	81	(3) community supervision and corrections department
82	82	officers appointed or employed under Section 76.004, Government
83	83	Code, and neither section prohibits an officer from carrying a
84	84	weapon in this state if the officer is:
85	85	(A) engaged in the actual discharge of the
86	86	officer's duties while carrying the weapon; and
87	87	(B) authorized to carry a weapon under Section
88	88	76.0051, Government Code;
89	89	(4) an active judicial officer as defined by Section
90	90	411.201, Government Code, who is licensed to carry a handgun under
91	91	Subchapter H, Chapter 411, Government Code;
92	92	(5) an honorably retired peace officer, qualified
93	93	retired law enforcement officer, federal criminal investigator, or
94	94	former reserve law enforcement officer who holds a certificate of
95	95	proficiency issued under Section 1701.357, Occupations Code, and is
96	96	carrying a photo identification that is issued by a federal, state,
97	97	or local law enforcement agency, as applicable, and that verifies
98	98	that the officer is:
99	99	(A) an honorably retired peace officer;
100	100	(B) a qualified retired law enforcement officer;
101	101	(C) a federal criminal investigator; or
102	102	(D) a former reserve law enforcement officer who
103	103	has served in that capacity not less than a total of 15 years with
104	104	one or more state or local law enforcement agencies;
105	105	(6) a district attorney, criminal district attorney,
106	106	county attorney, or municipal attorney who is licensed to carry a
107	107	handgun under Subchapter H, Chapter 411, Government Code;
108	108	(7) an assistant district attorney, assistant
109	109	criminal district attorney, or assistant county attorney who is
110	110	licensed to carry a handgun under Subchapter H, Chapter 411,
111	111	Government Code;
112	112	(8) a bailiff designated by an active judicial officer
113	113	as defined by Section 411.201, Government Code, who is:
114	114	(A) licensed to carry a handgun under Subchapter
115	115	H, Chapter 411, Government Code; and
116	116	(B) engaged in escorting the judicial officer;
117	117	[or]
118	118	(9) a juvenile probation officer who is authorized to
119	119	carry a firearm under Section 142.006, Human Resources Code; or
120	120	(10) a first responder, as defined by Section
121	121	46.035(f), who:
122	122	(A) is carrying a handgun and holds a license to
123	123	carry a handgun under Subchapter H, Chapter 411, Government Code;
124	124	and
125	125	(B) is engaged in the actual discharge of the
126	126	first responder's duties while carrying the handgun.
127	127	SECTION 9. The change in law made by this Act applies only
128	128	to an offense committed on or after the effective date of this Act.
129	129	An offense committed before the effective date of this Act is
130	130	governed by the law in effect on the date the offense was committed,
131	131	and the former law is continued in effect for that purpose. For
132	132	purposes of this section, an offense was committed before the
133	133	effective date of this Act if any element of the offense occurred
134	134	before that date.
135	135	SECTION 10. This Act takes effect September 1, 2017.