Texas 2017 - 85th Regular

Texas Senate Bill SB1408 Compare Versions

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1	1	By: Huffines S.B. No. 1408
2	2	(Bohac)
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 certain first responders
8	8	and volunteer emergency services personnel.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 5, Civil Practice and Remedies Code, is
11	11	amended by adding Chapter 112 to read as follows:
12	12	CHAPTER 112. LIMITATION OF LIABILITY FOR GOVERNMENTAL UNITS
13	13	Sec. 112.001. CERTAIN ACTIONS OF VOLUNTEER EMERGENCY
14	14	SERVICES PERSONNEL. (a) In this section:
15	15	(1) "Governmental unit" has the meaning assigned by
16	16	Section 101.001.
17	17	(2) "Volunteer emergency services personnel" includes
18	18	a volunteer firefighter, an emergency medical services volunteer as
19	19	defined by Section 773.003, Health and Safety Code, and an
20	20	individual who, as a volunteer, provides services for the benefit
21	21	of the general public during emergency situations.
22	22	(b) A governmental unit is not liable in a civil action
23	23	arising from the discharge of a handgun by an individual who is
24	24	volunteer emergency services personnel and licensed to carry a
25	25	handgun under Subchapter H, Chapter 411, Government Code.
26	26	(c) The discharge of a handgun by an individual who is
27	27	volunteer emergency services personnel and licensed to carry a
28	28	handgun under Subchapter H, Chapter 411, Government Code, is
29	29	outside the course and scope of the individual's duties as
30	30	volunteer emergency services personnel.
31	31	(d) This section may not be construed to waive the immunity
32	32	from suit or liability of a governmental unit under Chapter 101 or
33	33	any other law.
34	34	SECTION 2. Subchapter H, Chapter 411, Government Code, is
35	35	amended by adding Section 411.184 to read as follows:
36	36	Sec. 411.184. ON-DUTY FIRST RESPONDER TRAINING COURSE.
37	37	(a) In this section, "first responder" means a public safety
38	38	employee or volunteer whose duties include responding rapidly to an
39	39	emergency. The term includes fire protection personnel, including
40	40	volunteer firefighters, and emergency medical services personnel,
41	41	including emergency medical services volunteers. The term does not
42	42	include commissioned law enforcement personnel.
43	43	(b) The director by rule shall establish minimum standards
44	44	for a training course that a first responder who is a license holder
45	45	may complete to receive a certification of completion from the
46	46	department under this section. The training course must:
47	47	(1) be administered by a qualified handgun instructor;
48	48	(2) include not more than 20 hours of instruction;
49	49	(3) provide classroom training in:
50	50	(A) self-defense;
51	51	(B) de-escalation techniques;
52	52	(C) tactical thinking relating to cover for and
53	53	concealment of the license holder;
54	54	(D) methods to conceal a handgun and methods to
55	55	ensure the secure carrying of the concealed handgun; and
56	56	(E) consequences of improper use of a handgun;
57	57	(4) provide field instruction in the use of handguns,
58	58	including:
59	59	(A) instinctive or reactive shooting;
60	60	(B) tactical shooting;
61	61	(C) shooting while moving; and
62	62	(D) shooting in low light conditions;
63	63	(5) require physical demonstrations of proficiency in
64	64	techniques learned in training; and
65	65	(6) provide procedures for securing a handgun if the
66	66	first responder, while on duty, is required to enter a location
67	67	where carrying the handgun is prohibited by federal law or
68	68	otherwise.
69	69	(c) A first responder is responsible for paying to the
70	70	course provider the costs of the training course under this
71	71	section.
72	72	(d) The director by rule shall approve devices to enable a
73	73	first responder to secure a handgun if the first responder, while on
74	74	duty, is required to enter a location where carrying the handgun is
75	75	prohibited by federal law or otherwise.
76	76	(e) The department shall issue a certificate of completion
77	77	to a first responder who completes the training course described by
78	78	Subsection (b).
79	79	(f) A governmental entity that employs or otherwise
80	80	supervises first responders may not adopt a rule or regulation that
81	81	prohibits a first responder who holds a license to carry a handgun
82	82	under this subchapter and who has received a certificate of
83	83	completion from the department under Subsection (e) from:
84	84	(1) carrying a concealed handgun while on duty; or
85	85	(2) storing a handgun on the premises of or in a
86	86	vehicle owned or operated by the governmental entity if the handgun
87	87	is secured with a device approved by the department under
88	88	Subsection (d).
89	89	(g) A first responder may discharge a handgun while on duty
90	90	only in self-defense.
91	91	(h) This section does not create a cause of action or
92	92	liability.
93	93	(i) A governmental entity that employs or otherwise
94	94	supervises first responders is not liable in a civil action arising
95	95	from the discharge of a handgun by a first responder who is licensed
96	96	to carry a handgun under this subchapter.
97	97	(j) The discharge of a handgun by a first responder who is
98	98	licensed to carry a handgun under this subchapter is outside the
99	99	course and scope of the first responder's duties.
100	100	(k) This section may not be construed to waive the immunity
101	101	from suit or liability of a governmental entity that employs or
102	102	otherwise supervises first responders under Chapter 101, Civil
103	103	Practice and Remedies Code, or any other law.
104	104	SECTION 3. Section 46.035(h-1), Penal Code, as added by
105	105	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
106	106	Session, 2007, is amended to read as follows:
107	107	(h-1) It is a defense to prosecution under Subsections
108	108	(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time
109	109	of the commission of the offense, the actor was:
110	110	(1) a judge or justice of a federal court;
111	111	(2) an active judicial officer, as defined by Section
112	112	411.201, Government Code; [or]
113	113	(3) a district attorney, assistant district attorney,
114	114	criminal district attorney, assistant criminal district attorney,
115	115	county attorney, or assistant county attorney; or
116	116	(4) a first responder who:
117	117	(A) was carrying a concealed handgun and held a
118	118	license to carry a handgun under Subchapter H, Chapter 411,
119	119	Government Code;
120	120	(B) has received a certificate of completion for
121	121	a training course under Section 411.184, Government Code; and
122	122	(C) was engaged in the actual discharge of the
123	123	first responder's duties while carrying the handgun.
124	124	SECTION 4. Section 46.15(a), Penal Code, is amended to read
125	125	as follows:
126	126	(a) Sections 46.02 and 46.03 do not apply to:
127	127	(1) peace officers or special investigators under
128	128	Article 2.122, Code of Criminal Procedure, and neither section
129	129	prohibits a peace officer or special investigator from carrying a
130	130	weapon in this state, including in an establishment in this state
131	131	serving the public, regardless of whether the peace officer or
132	132	special investigator is engaged in the actual discharge of the
133	133	officer's or investigator's duties while carrying the weapon;
134	134	(2) parole officers and neither section prohibits an
135	135	officer from carrying a weapon in this state if the officer is:
136	136	(A) engaged in the actual discharge of the
137	137	officer's duties while carrying the weapon; and
138	138	(B) in compliance with policies and procedures
139	139	adopted by the Texas Department of Criminal Justice regarding the
140	140	possession of a weapon by an officer while on duty;
141	141	(3) community supervision and corrections department
142	142	officers appointed or employed under Section 76.004, Government
143	143	Code, and neither section prohibits an officer from carrying a
144	144	weapon in this state if the officer is:
145	145	(A) engaged in the actual discharge of the
146	146	officer's duties while carrying the weapon; and
147	147	(B) authorized to carry a weapon under Section
148	148	76.0051, Government Code;
149	149	(4) an active judicial officer as defined by Section
150	150	411.201, Government Code, who is licensed to carry a handgun under
151	151	Subchapter H, Chapter 411, Government Code;
152	152	(5) an honorably retired peace officer, qualified
153	153	retired law enforcement officer, federal criminal investigator, or
154	154	former reserve law enforcement officer who holds a certificate of
155	155	proficiency issued under Section 1701.357, Occupations Code, and is
156	156	carrying a photo identification that is issued by a federal, state,
157	157	or local law enforcement agency, as applicable, and that verifies
158	158	that the officer is:
159	159	(A) an honorably retired peace officer;
160	160	(B) a qualified retired law enforcement officer;
161	161	(C) a federal criminal investigator; or
162	162	(D) a former reserve law enforcement officer who
163	163	has served in that capacity not less than a total of 15 years with
164	164	one or more state or local law enforcement agencies;
165	165	(6) a district attorney, criminal district attorney,
166	166	county attorney, or municipal attorney who is licensed to carry a
167	167	handgun under Subchapter H, Chapter 411, Government Code;
168	168	(7) an assistant district attorney, assistant
169	169	criminal district attorney, or assistant county attorney who is
170	170	licensed to carry a handgun under Subchapter H, Chapter 411,
171	171	Government Code;
172	172	(8) a bailiff designated by an active judicial officer
173	173	as defined by Section 411.201, Government Code, who is:
174	174	(A) licensed to carry a handgun under Subchapter
175	175	H, Chapter 411, Government Code; and
176	176	(B) engaged in escorting the judicial officer;
177	177	[or]
178	178	(9) a juvenile probation officer who is authorized to
179	179	carry a firearm under Section 142.006, Human Resources Code; or
180	180	(10) a first responder who:
181	181	(A) is carrying a concealed handgun and holds a
182	182	license to carry a handgun under Subchapter H, Chapter 411,
183	183	Government Code;
184	184	(B) has received a certificate of completion for
185	185	a training course under Section 411.184, Government Code; and
186	186	(C) is engaged in the actual discharge of the
187	187	first responder's duties while carrying the handgun.
188	188	SECTION 5. The public safety director of the Department of
189	189	Public Safety shall adopt the rules necessary to implement Section
190	190	411.184, Government Code, as added by this Act, not later than
191	191	December 1, 2017.
192	192	SECTION 6. A qualified handgun instructor may not offer the
193	193	training course described by Section 411.184(b), Government Code,
194	194	as added by this Act, before January 1, 2018.
195	195	SECTION 7. Chapter 112, Civil Practice and Remedies Code,
196	196	as added by this Act, applies only to a cause of action that accrues
197	197	on or after the effective date of this Act. A cause of action that
198	198	accrued before the effective date of this Act is governed by the law
199	199	applicable to the cause of action immediately before the effective
200	200	date of this Act, and that law is continued in effect for that
201	201	purpose.
202	202	SECTION 8. The change in law made by this Act in amending
203	203	Sections 46.035 and 46.15, Penal Code, applies only to an offense
204	204	committed on or after January 1, 2018. An offense committed before
205	205	January 1, 2018, is governed by the law in effect on the date the
206	206	offense was committed, and the former law is continued in effect for
207	207	that purpose. For purposes of this section, an offense was
208	208	committed before January 1, 2018, if any element of the offense
209	209	occurred before that date.
210	210	SECTION 9. This Act takes effect September 1, 2017.