Texas 2021 - 87th Regular

Texas House Bill HB1069 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1069
	1	+	By: Harris, et al. (Senate Sponsor - Birdwell) H.B. No. 1069
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on State
	4	+	Affairs; May 14, 2021, reported favorably by the following vote:
	5	+	Yeas 8, Nays 0; May 14, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the carrying of a handgun by certain first responders.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. The heading to Section 112.001, Civil Practice
8	14		and Remedies Code, is amended to read as follows:
9	15		Sec. 112.001. CERTAIN ACTIONS OF FIRST RESPONDERS AND
10	16		VOLUNTEER EMERGENCY SERVICES PERSONNEL.
11	17		SECTION 2. Sections 112.001(a), (b), and (c), Civil
12	18		Practice and Remedies Code, are amended to read as follows:
13	19		(a) In this section:
14	20		(1) "First responder" and "volunteer emergency
15	21		services personnel" have the meanings assigned by Section 46.01,
16	22		Penal Code.
17	23		(2) "Governmental unit" has the meaning assigned by
18	24		Section 101.001.
19	25		[(2) "Volunteer emergency services personnel" has the
20	26		meaning assigned by Section 46.01, Penal Code.]
21	27		(b) A governmental unit is not liable in a civil action
22	28		arising from the discharge of a handgun by an individual who is a
23	29		first responder or volunteer emergency services personnel and
24	30		licensed to carry the handgun under Subchapter H, Chapter 411,
25	31		Government Code.
26	32		(c) The discharge of a handgun by an individual who is a
27	33		first responder or volunteer emergency services personnel and
28	34		licensed to carry the handgun under Subchapter H, Chapter 411,
29	35		Government Code, is outside the course and scope of the
30	36		individual's duties as a first responder or volunteer emergency
31	37		services personnel, as applicable.
32	38		SECTION 3. Subchapter H, Chapter 411, Government Code, is
33	39		amended by adding Section 411.184 to read as follows:
34	40		Sec. 411.184. TRAINING COURSE FOR CERTAIN FIRST RESPONDERS.
35	41		(a) In this section, "first responder" has the meaning assigned by
36	42		Section 46.01, Penal Code.
37	43		(b) The director by rule shall establish minimum standards
38	44		for an initial training course that a first responder who is a
39	45		license holder and who is employed or supervised by a county or
40	46		municipality to which Chapter 179, Local Government Code, applies
41	47		may complete to receive a certification of completion from the
42	48		department under this section. The training course must:
43	49		(1) be administered by a qualified handgun instructor;
44	50		(2) include not more than 40 hours of instruction;
45	51		(3) provide classroom training in:
46	52		(A) self-defense;
47	53		(B) de-escalation techniques;
48	54		(C) tactical thinking relating to cover for and
49	55		concealment of the license holder;
50	56		(D) methods to conceal a handgun and methods to
51	57		ensure the secure carrying of a concealed handgun;
52	58		(E) the use of restraint holsters and methods to
53	59		ensure the secure carrying of an openly carried handgun; and
54	60		(F) consequences of improper use of a handgun;
55	61		(4) provide field instruction in the use of handguns,
56	62		including:
57	63		(A) instinctive or reactive shooting;
58	64		(B) tactical shooting;
59	65		(C) shooting while moving; and
60	66		(D) shooting in low light conditions;
61	67		(5) require physical demonstrations of proficiency in
62	68		techniques learned in training; and
63	69		(6) provide procedures for securing and storing a
64	70		handgun if the first responder, while on duty, is required to enter
65	71		a location where carrying the handgun is prohibited by federal law
66	72		or otherwise.
67	73		(c) The department by rule shall establish minimum
68	74		standards for an annual continuing education course that is
69	75		administered by a qualified handgun instructor and includes not
70	76		more than 10 hours of instruction for a person who has completed the
71	77		initial training course described by Subsection (b).
72	78		(d) The department shall issue a certificate of completion
73	79		to a first responder who is a license holder and who completes the
74	80		initial training course under Subsection (b) or the continuing
75	81		education course under Subsection (c), as applicable. A
76	82		certificate of completion expires on the first anniversary of
77	83		issuance.
78	84		(e) A first responder is responsible for paying to the
79	85		course provider the costs of a training course under this section.
80	86		(f) The director by rule shall approve devices to enable a
81	87		first responder to secure and store a handgun if the first
82	88		responder, while on duty, is required to enter a location where
83	89		carrying the handgun is prohibited by federal law or otherwise.
84	90		SECTION 4. Subtitle C, Title 5, Local Government Code, is
85	91		amended by adding Chapter 179 to read as follows:
86	92		CHAPTER 179. AUTHORITY OF CERTAIN FIRST RESPONDERS TO CARRY HANDGUN
87	93		SUBCHAPTER A. GENERAL PROVISIONS
88	94		Sec. 179.001. DEFINITIONS. In this chapter:
89	95		(1) "Department" means the Department of Public Safety
90	96		of the State of Texas.
91	97		(2) "First responder" has the meaning assigned by
92	98		Section 46.01, Penal Code.
93	99		(3) "Handgun" has the meaning assigned by Section
94	100		46.01, Penal Code.
95	101		Sec. 179.002. APPLICABILITY OF CHAPTER. This chapter
96	102		applies only to:
97	103		(1) a municipality with a population of 30,000 or less
98	104		that has not adopted Chapter 174; and
99	105		(2) a county with a population of 250,000 or less that
100	106		has not adopted Chapter 174.
101	107		Sec. 179.003. CONSTRUCTION OF CHAPTER. (a) This chapter
102	108		does not create a cause of action or liability.
103	109		(b) This chapter may not be construed to waive, under
104	110		Chapter 101, Civil Practice and Remedies Code, or any other law, a
105	111		municipality's or county's governmental immunity from suit or to
106	112		liability.
107	113		SUBCHAPTER B. AUTHORITY AND REQUIREMENTS TO CARRY HANDGUN
108	114		Sec. 179.051. AUTHORITY OF MUNICIPALITY OR COUNTY TO
109	115		PROHIBIT OR REGULATE CARRYING HANDGUN. (a) A municipality or
110	116		county to which this chapter applies and that employs or supervises
111	117		first responders may not adopt or enforce an ordinance, order, or
112	118		other measure that generally prohibits a first responder who holds
113	119		a license to carry a handgun under Subchapter H, Chapter 411,
114	120		Government Code, an unexpired certificate of completion from the
115	121		department under Section 411.184(d), Government Code, and the
116	122		required liability policy under Section 179.053 from:
117	123		(1) carrying a concealed or holstered handgun while on
118	124		duty; or
119	125		(2) storing a handgun on the premises of or in a
120	126		vehicle owned or leased by the municipality or county if the handgun
121	127		is secured with a device approved by the department under Section
122	128		411.184(f), Government Code.
123	129		(b) This section does not prohibit a municipality or county
124	130		from adopting an ordinance, order, or other measure that:
125	131		(1) prohibits a first responder from carrying a
126	132		handgun while on duty based on the conduct of the first responder;
127	133		or
128	134		(2) limits the carrying of a handgun only to the extent
129	135		necessary to ensure that carrying the handgun does not interfere
130	136		with the first responder's duties.
131	137		Sec. 179.052. AUTHORITY OF EMPLOYERS AND SUPERVISORS. (a)
132	138		A municipal or county department or private entity that employs or
133	139		supervises first responders providing services for a municipality
134	140		or county to which this chapter applies may adopt a policy
135	141		authorizing a first responder who is employed or supervised by the
136	142		municipal or county department or private entity and who holds a
137	143		license to carry a handgun under Subchapter H, Chapter 411,
138	144		Government Code, an unexpired certificate of completion from the
139	145		department under Section 411.184(d), Government Code, and the
140	146		required liability policy under Section 179.053 to:
141	147		(1) carry a concealed or holstered handgun while on
142	148		duty; or
143	149		(2) store a handgun on the premises of or in a vehicle
144	150		owned or leased by the applicable municipality or county, or by the
145	151		private entity if the handgun is secured with a device approved by
146	152		the department under Section 411.184(f), Government Code.
147	153		(b) A first responder employed or supervised by a municipal
148	154		or county department or private entity may not engage in conduct
149	155		described by Subsection (a)(1) or (2) unless the municipal or
150	156		county department or private entity has adopted a policy under
151	157		Subsection (a) that authorizes that conduct.
152	158		Sec. 179.053. LIABILITY INSURANCE REQUIRED. A first
153	159		responder shall maintain liability insurance coverage in an amount
154	160		of at least $1 million if:
155	161		(1) the first responder carries a handgun while on
156	162		duty; and
157	163		(2) the handgun is not an essential part of the first
158	164		responder's duties.
159	165		Sec. 179.054. STORAGE OF HANDGUN. (a) A first responder
160	166		who enters a location where carrying a handgun is prohibited by
161	167		federal law or otherwise shall use a device approved by the
162	168		department under Section 411.184(f), Government Code, to secure and
163	169		store the handgun.
164	170		(b) A first responder is responsible for procuring the
165	171		device approved by the department under Section 411.184(f),
166	172		Government Code, or for reimbursing the first responder's employer
167	173		or supervisor for the use of a device provided by the employer or
168	174		supervisor.
169	175		Sec. 179.055. DISCHARGE OF HANDGUN. A first responder may
170	176		discharge a handgun while on duty only in self-defense.
171	177		Sec. 179.056. LIMITED LIABILITY. (a) A municipality or
172	178		county that employs or supervises first responders is not liable in
173	179		a civil action arising from the discharge of a handgun by a first
174	180		responder who is licensed to carry the handgun under Subchapter H,
175	181		Chapter 411, Government Code.
176	182		(b) The discharge of a handgun by a first responder who is
177	183		licensed to carry a handgun under Subchapter H, Chapter 411,
178	184		Government Code, is outside the course and scope of the first
179	185		responder's duties.
180	186		Sec. 179.057. COMPLAINTS. A member of the public may submit
181	187		a complaint to the municipality or county employing or supervising
182	188		the first responder using the municipality's or county's existing
183	189		complaint procedure. One or more complaints received with respect
184	190		to a specific first responder are grounds for prohibiting or
185	191		limiting that first responder's carrying a handgun while on duty.
186	192		SECTION 5. Section 30.06, Penal Code, is amended by adding
187	193		Subsection (f-1) to read as follows:
188	194		(f-1) It is a defense to prosecution under this section that
189	195		the license holder is a first responder, as defined by Section
190	196		46.01, who:
191	197		(1) holds an unexpired certificate of completion under
192	198		Section 411.184, Government Code, at the time of engaging in the
193	199		applicable conduct;
194	200		(2) was engaged in the actual discharge of the first
195	201		responder's duties while carrying the handgun; and
196	202		(3) was employed or supervised by a municipality or
197	203		county to which Chapter 179, Local Government Code, applies.
198	204		SECTION 6. Section 30.07, Penal Code, is amended by adding
199	205		Subsection (g-1) to read as follows:
200	206		(g-1) It is a defense to prosecution under this section that
201	207		the license holder is a first responder, as defined by Section
202	208		46.01, who:
203	209		(1) holds an unexpired certificate of completion under
204	210		Section 411.184, Government Code, at the time of engaging in the
205	211		applicable conduct;
206	212		(2) was engaged in the actual discharge of the first
207	213		responder's duties while carrying the handgun; and
208	214		(3) was employed or supervised by a municipality or
209	215		county to which Chapter 179, Local Government Code, applies.
210	216		SECTION 7. Section 46.01, Penal Code, is amended by adding
211	217		Subdivision (20) to read as follows:
212	218		(20) "First responder" means a public safety employee
213	219		whose duties include responding rapidly to an emergency. The term
214	220		includes fire protection personnel as defined by Section 419.021,
215	221		Government Code, and emergency medical services personnel as
216	222		defined by Section 773.003, Health and Safety Code. The term does
217	223		not include:
218	224		(A) volunteer emergency services personnel;
219	225		(B) an emergency medical services volunteer, as
220	226		defined by Section 773.003, Health and Safety Code; or
221	227		(C) a peace officer or reserve law enforcement
222	228		officer, as those terms are defined by Section 1701.001,
223	229		Occupations Code, who is performing law enforcement duties.
224	230		SECTION 8. Section 46.15, Penal Code, is amended by adding
225	231		Subsection (m) to read as follows:
226	232		(m) Sections 46.02, 46.03, and 46.035(b) and (c) do not
227	233		apply to a first responder who:
228	234		(1) was carrying a handgun in a concealed manner or in
229	235		a shoulder or belt holster;
230	236		(2) holds an unexpired certificate of completion under
231	237		Section 411.184, Government Code, at the time of engaging in the
232	238		applicable conduct;
233	239		(3) was engaged in the actual discharge of the first
234	240		responder's duties while carrying the handgun; and
235	241		(4) was employed or supervised by a municipality or
236	242		county to which Chapter 179, Local Government Code, applies.
237	243		SECTION 9. The public safety director of the Department of
238	244		Public Safety shall adopt the rules necessary to implement Section
239	245		411.184, Government Code, as added by this Act, not later than
240	246		December 1, 2021.
241	247		SECTION 10. A qualified handgun instructor may not offer
242	248		the training course described by Section 411.184(b), Government
243	249		Code, as added by this Act, before January 1, 2022.
244	250		SECTION 11. Section 112.001, Civil Practice and Remedies
245	251		Code, as amended by this Act, applies only to a cause of action that
246	252		accrues on or after September 1, 2021. A cause of action that
247	253		accrues before September 1, 2021, is governed by the law in effect
248	254		immediately before that date, and the former law is continued in
249	255		effect for that purpose.
250	256		SECTION 12. The changes in law made by this Act in amending
251	257		Sections 30.06, 30.07, and 46.15, Penal Code, apply only to an
252	258		offense committed on or after the effective date of this Act. An
253	259		offense committed before the effective date of this Act is governed
254	260		by the law in effect on the date the offense was committed, and the
255	261		former law is continued in effect for that purpose. For purposes of
256	262		this section, an offense was committed before the effective date of
257	263		this Act if any element of the offense occurred before that date.
258	264		SECTION 13. This Act takes effect September 1, 2021.
259		-	______________________________ ______________________________
260		-	President of the Senate Speaker of the House
261		-	I certify that H.B. No. 1069 was passed by the House on May 7,
262		-	2021, by the following vote: Yeas 110, Nays 33, 1 present, not
263		-	voting.
264		-	______________________________
265		-	Chief Clerk of the House
266		-	I certify that H.B. No. 1069 was passed by the Senate on May
267		-	19, 2021, by the following vote: Yeas 28, Nays 3.
268		-	______________________________
269		-	Secretary of the Senate
270		-	APPROVED: _____________________
271		-	Date
272		-	_____________________
273		-	Governor
	265	+	* * * * *