By: Huffines S.B. No. 1408
(In the Senate - Filed March 7, 2017; March 16, 2017, read
first time and referred to Committee on State Affairs;
April 11, 2017, reported favorably by the following vote: Yeas 9,
Nays 0; April 11, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of a handgun by certain first responders
and volunteer emergency services personnel.
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" includes
a volunteer firefighter, an emergency medical services volunteer as
defined by Section 773.003, Health and Safety Code, and an
individual who, as a volunteer, provides services for the benefit
of the general public during emergency situations.
(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 a
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 a
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. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.184 to read as follows:
Sec. 411.184. ON-DUTY FIRST RESPONDER TRAINING COURSE.
(a) In this section, "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.
(b) The director by rule shall establish minimum standards
for a training course that a first responder who is a license holder
must complete before the first responder may carry a concealed
handgun while on duty. The training course must:
(1) be administered by a qualified handgun instructor;
(2) include not more than 20 hours of instruction;
(3) provide classroom training in:
(A) self-defense;
(B) de-escalation techniques;
(C) tactical thinking relating to cover for and
concealment of the license holder;
(D) methods to conceal a handgun and methods to
ensure the secure carrying of the concealed handgun; and
(E) consequences of improper use of a handgun;
(4) provide field instruction in the use of handguns,
including:
(A) instinctive or reactive shooting;
(B) tactical shooting;
(C) shooting while moving; and
(D) shooting in low light conditions;
(5) require physical demonstrations of proficiency in
techniques learned in training; and
(6) provide procedures for securing a handgun if the
first responder, while on duty, is required to enter a location
where carrying the handgun is prohibited by federal law or
otherwise.
(c) A first responder is responsible for paying to the
course provider the costs of the training course under this
section.
(d) The director by rule shall approve devices to enable a
first responder to secure a handgun if the first responder, while on
duty, is required to enter a location where carrying the handgun is
prohibited by federal law or otherwise.
(e) The department shall issue a certificate of completion
to a first responder who completes the training course described by
Subsection (b).
(f) A governmental entity that employs or otherwise
supervises first responders may not adopt a rule or regulation that
prohibits a first responder who holds a license to carry a handgun
under this subchapter and who has received a certificate of
completion from the department under Subsection (e) from:
(1) carrying a concealed handgun while on duty; or
(2) storing a handgun on the premises of or in a
vehicle owned or operated by the governmental entity if the handgun
is secured with a device approved by the department under
Subsection (d).
(g) A first responder may discharge a handgun while on duty
only in self-defense.
(h) This section does not create a cause of action or
liability.
(i) A governmental entity that employs or otherwise
supervises first responders is not liable in a civil action arising
from the discharge of a handgun by a first responder who is licensed
to carry a handgun under this subchapter.
(j) The discharge of a handgun by a first responder who is
licensed to carry a handgun under this subchapter is outside the
course and scope of the first responder's duties.
(k) This section may not be construed to waive the immunity
from suit or liability of a governmental entity that employs or
otherwise supervises first responders under Chapter 101, Civil
Practice and Remedies Code, or any other law.
SECTION 3. 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 concealed handgun and held a
license to carry a handgun under Subchapter H, Chapter 411,
Government Code;
(B) has received a certificate of completion for
a training course under Section 411.184, Government Code; and
(C) was engaged in the actual discharge of the
first responder's duties while carrying the handgun.
SECTION 4. 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 who:
(A) is carrying a concealed handgun and holds a
license to carry a handgun under Subchapter H, Chapter 411,
Government Code;
(B) has received a certificate of completion for
a training course under Section 411.184, Government Code; and
(C) is engaged in the actual discharge of the
first responder's duties while carrying the handgun.
SECTION 5. The public safety director of the Department of
Public Safety shall adopt the rules necessary to implement Section
411.184, Government Code, as added by this Act, not later than
December 1, 2017.
SECTION 6. A qualified handgun instructor may not offer the
training course described by Section 411.184(b), Government Code,
as added by this Act, before January 1, 2018.
SECTION 7. Chapter 112, Civil Practice and Remedies Code,
as added by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act. A cause of action that
accrued before the effective date of this Act is governed by the law
applicable to the cause of action immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 8. The change in law made by this Act in amending
Sections 46.035 and 46.15, Penal Code, applies only to an offense
committed on or after January 1, 2018. An offense committed before
January 1, 2018, 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 January 1, 2018, if any element of the offense
occurred before that date.
SECTION 9. This Act takes effect September 1, 2017.
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