86R5913 JSC-D
By: Bohac H.B. No. 1123
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of a handgun by certain first responders;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.179(a), Government Code, is amended
to read as follows:
(a) The department by rule shall adopt the form of the
license. A license must include:
(1) a number assigned to the license holder by the
department;
(2) a statement of the period for which the license is
effective;
(3) a color photograph of the license holder;
(4) the license holder's full name, date of birth, hair
and eye color, height, weight, and signature;
(5) the license holder's residence address or, as
provided by Subsection (d), the street address of the courthouse in
which the license holder or license holder's spouse serves as a
federal judge or the license holder serves as a state judge;
(6) the number of a driver's license or an
identification certificate issued to the license holder by the
department; [and]
(7) the designation "VETERAN" if required under
Subsection (e); and
(8) a designation for an on-duty first responder to
carry a handgun, if the license holder received that designation
under Section 411.184.
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 DESIGNATION. (a) In
this section:
(1) "Emergency medical services provider" and "first
responder organization" have the meanings assigned by Section
773.003, Health and Safety Code.
(2) "First responder" means a public safety employee
whose duties include responding rapidly to an emergency. The term
includes fire protection personnel and emergency medical services
personnel, including a physician who is an emergency medical
services medical director. The term does not include:
(A) commissioned law enforcement personnel; or
(B) volunteer emergency services personnel, as
defined by Section 46.01, Penal Code.
(b) A first responder is eligible for an on-duty first
responder designation on the first responder's license to carry a
handgun under this subchapter if the first responder submits to the
department:
(1) on a form provided by the department, a completed
application for the designation;
(2) evidence that the license holder:
(A) is a first responder; and
(B) has successfully completed a course
described by Subsection (d); and
(3) the fee set by the director under Subsection (c).
(c) The director by rule shall:
(1) adopt an application form to be used to apply for a
designation under this section; and
(2) set a fee in an amount sufficient to cover the cost
of issuing licenses bearing a designation under this section.
(d) The director by rule shall establish minimum standards
for a training course for a license holder seeking an on-duty first
responder designation, to be taken at the license holder's expense.
The training course must:
(1) be administered by a qualified handgun instructor;
(2) include not less than 20 hours of instruction;
(3) provide classroom training in:
(A) de-escalation techniques;
(B) tactical thinking relating to cover for and
concealment of the license holder;
(C) methods to conceal a handgun and methods to
ensure the secure carrying of a concealed handgun; and
(D) 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 and a
list of devices approved for that purpose, for circumstances under
which the license holder, while on duty:
(A) is required to enter a location where
carrying the handgun is prohibited by federal law or otherwise; or
(B) chooses not to carry a handgun at a specific
location.
(e) The department may grant a designation under this
section to a license holder who meets all the eligibility
requirements and submits the required application materials and fee
under Subsection (b). Not later than the 60th day after the date of
receipt of the application materials and fee, the department shall
issue the license with the designation or notify the license holder
in writing that the application for the designation was denied.
(f) On receipt of a license with a designation under this
section, the license holder shall return to the department any
license that was previously issued to the license holder.
(g) A license holder whose fee to apply for a designation
under this section is dishonored or reversed may reapply for the
designation at any time, provided the fee and an additional charge
of $25 are paid by cashier's check or money order made payable to
the "Texas Department of Public Safety."
(h) A license holder who becomes ineligible for the
designation under this section because the license holder is no
longer employed as a first responder promptly shall notify the
department. Not later than the 30th day after the date of receipt
of the notice, the department shall issue a license without the
designation to the license holder. A license holder who is no
longer eligible for a designation under this section:
(1) is not entitled to carry a handgun in a location in
which the license holder was allowed to carry the handgun only by
virtue of the designation; and
(2) on receipt of the license without the designation,
promptly shall return the license with the designation to the
department.
(i) A designation under this section does not limit the
right of a first responder to carry a handgun or other weapon under
other law.
(j) The director by rule shall approve devices to enable a
first responder to secure a handgun if the first responder, while on
duty:
(1) is required to enter a location where carrying the
handgun is prohibited by federal law or otherwise; or
(2) chooses not to carry a handgun at a specific
location.
(k) A governmental entity, emergency medical services
provider, or first responder organization that employs or otherwise
supervises first responders may not adopt a rule or regulation that
prohibits a first responder who holds a license bearing a
designation under this section from:
(1) carrying a handgun while on duty; or
(2) storing a handgun on the premises of or in a
vehicle owned or operated by the entity, provider, or organization
if the handgun is secured with a device approved by the department
under Subsection (j).
(l) This section does not create a cause of action or
liability.
(m) A governmental entity, emergency medical services
provider, or first responder organization that employs 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, provided that the entity,
provider, or organization reasonably provides for the safety of the
first responders.
(n) A first responder may discharge a handgun while on duty
only under circumstances in which the first responder would be
justified in using deadly force under Section 9.32 or 9.33, Penal
Code. This subsection does not:
(1) create a cause of action against a first responder
for failure to discharge a firearm; or
(2) limit the liability of a first responder who
improperly discharges a firearm.
(o) Notwithstanding Subsection (n), 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.
(p) This section may not be construed to waive the immunity
from suit or liability of a governmental entity, emergency medical
services provider, or first responder organization that employs or
otherwise supervises first responders under Chapter 101, Civil
Practice and Remedies Code, or any other law.
SECTION 3. Section 30.06(f), Penal Code, is amended to read
as follows:
(f) It is a defense to prosecution under this section that
the license holder is:
(1) volunteer emergency services personnel, as
defined by Section 46.01; or
(2) 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, that bears an on-duty first responder designation
under Section 411.184 of that code; and
(B) is engaged in the actual discharge of the
first responder's duties while carrying the concealed handgun.
SECTION 4. Section 46.035(m), Penal Code, is amended to
read as follows:
(m) It is a defense to prosecution under Subsections (b) and
(c) that the actor is:
(1) volunteer emergency services personnel engaged in
providing emergency services; or
(2) 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, that bears an on-duty first responder designation
under Section 411.184 of that code; and
(B) is engaged in the actual discharge of the
first responder's duties while carrying the concealed handgun.
SECTION 5. 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) the attorney general or a United States attorney,
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 United States attorney, assistant
attorney general, 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;
(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; or
(11) 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, that bears an on-duty first responder designation
under Section 411.184 of that code; and
(B) is engaged in the actual discharge of the
first responder's duties while carrying the concealed handgun.
SECTION 6. 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, 2019.
SECTION 7. (a) A qualified handgun instructor may not offer
the training course described by Section 411.184(d), Government
Code, as added by this Act, before January 1, 2020.
(b) The Department of Public Safety may not accept an
application for or grant a designation under Section 411.184,
Government Code, as added by this Act, before January 1, 2020.
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, 2020. An offense committed before
January 1, 2020, 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, 2020, if any element of the offense
occurred before that date.
SECTION 9. This Act takes effect September 1, 2019.