85R2919 JSC-D
By: Wray H.B. No. 982
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of a handgun by a first responder engaged
in the actual discharge of the first responder's duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 180, Local Government Code, is amended
by adding Section 180.008 to read as follows:
Sec. 180.008. CARRYING OF HANDGUN BY CERTAIN FIRST
RESPONDERS. (a) In this section, "first responder" has the meaning
assigned by Section 46.035(f), Penal Code.
(b) A political subdivision that employs or supervises a
first responder may not prohibit a first responder who holds a
license to carry a handgun under Subchapter H, Chapter 411,
Government Code, from carrying a handgun in the actual discharge of
the first responder's duties.
SECTION 2. Section 30.06(c)(2), Penal Code, is amended to
read as follows:
(2) "First responder" and "license ["License] holder"
have [has] the meanings [meaning] assigned by Section 46.035(f).
SECTION 3. Section 30.06, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) It is an exception to the application of this section
that the license holder was a first responder engaged in the actual
discharge of the first responder's duties.
SECTION 4. Section 30.07(c)(2), Penal Code, is amended to
read as follows:
(2) "First responder" and "license ["License] holder"
have [has] the meanings [meaning] assigned by Section 46.035(f).
SECTION 5. Section 30.07, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) It is an exception to the application of this section
that the license holder was a first responder engaged in the actual
discharge of the first responder's duties.
SECTION 6. Section 46.035(f), Penal Code, is amended by
adding Subdivision (4) to read as follows:
(4) "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.
SECTION 7. 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;
and
(B) was engaged in the actual discharge of the
first responder's duties while carrying the handgun.
SECTION 8. 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, as defined by Section
46.035(f), who:
(A) is carrying a handgun and holds a license to
carry a handgun under Subchapter H, Chapter 411, Government Code;
and
(B) is engaged in the actual discharge of the
first responder's duties while carrying the handgun.
SECTION 9. The change in law made by this Act applies 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 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 the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 10. This Act takes effect September 1, 2017.