Texas 2021 - 87th Regular

Texas House Bill HB1499 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: White H.B. No. 1499
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the carrying of a handgun by certain first responders
7	7	and volunteer emergency services personnel.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 5, Civil Practice and Remedies Code, is
10	10	amended by adding Chapter 112 to read as follows:
11	11	CHAPTER 112. LIMITATION OF LIABILITY FOR GOVERNMENTAL UNITS
12	12	Sec. 112.001. CERTAIN ACTIONS OF VOLUNTEER EMERGENCY
13	13	SERVICES PERSONNEL. (a) In this section:
14	14	(1) "Governmental unit" has the meaning assigned by
15	15	Section 101.001.
16	16	(2) "Volunteer emergency services personnel" includes
17	17	a volunteer firefighter, an emergency medical services volunteer as
18	18	defined by Section 773.003, Health and Safety Code, and an
19	19	individual who, as a volunteer, provides services for the benefit
20	20	of the general public during emergency situations.
21	21	(b) A governmental unit is not liable in a civil action
22	22	arising from the discharge of a handgun by an individual who is
23	23	volunteer emergency services personnel and licensed to carry a
24	24	handgun under Subchapter H, Chapter 411, Government Code.
25	25	(c) The discharge of a handgun by an individual who is
26	26	volunteer emergency services personnel and licensed to carry a
27	27	handgun under Subchapter H, Chapter 411, Government Code, is
28	28	outside the course and scope of the individual's duties as
29	29	volunteer emergency services personnel.
30	30	(d) This section may not be construed to waive the immunity
31	31	from suit or liability of a governmental unit under Chapter 101 or
32	32	any other law.
33	33	SECTION 2. Subchapter H, Chapter 411, Government Code, is
34	34	amended by adding Section 411.184 to read as follows:
35	35	Sec. 411.184. ON-DUTY FIRST RESPONDER TRAINING COURSE. (a)
36	36	In this section, "first responder" means a public safety employee
37	37	or volunteer whose duties include responding rapidly to an
38	38	emergency. The term includes fire protection personnel, including
39	39	volunteer firefighters, and emergency medical services personnel,
40	40	including emergency medical services volunteers. The term does not
41	41	include commissioned law enforcement personnel.
42	42	(b) The director by rule shall establish minimum standards
43	43	for a training course that a first responder who is a license holder
44	44	may complete to receive a certification of completion from the
45	45	department under this section. The training course must:
46	46	(1) be administered by a qualified handgun instructor;
47	47	(2) include not more than 20 hours of instruction;
48	48	(3) provide classroom training in:
49	49	(A) self-defense;
50	50	(B) de-escalation techniques;
51	51	(C) tactical thinking relating to cover for and
52	52	concealment of the license holder;
53	53	(D) methods to conceal a handgun and methods to
54	54	ensure the secure carrying of the concealed handgun; and
55	55	(E) consequences of improper use of a handgun;
56	56	(4) provide field instruction in the use of handguns,
57	57	including:
58	58	(A) instinctive or reactive shooting;
59	59	(B) tactical shooting;
60	60	(C) shooting while moving; and
61	61	(E) shooting in low light conditions;
62	62	(5) require physical demonstrations of proficiency in
63	63	techniques learned in training; and
64	64	(6) provide procedures for securing a handgun if the
65	65	first responder, while on duty, is required to enter a location
66	66	where carrying the handgun is prohibited by federal law or
67	67	otherwise.
68	68	(c) A first responder is responsible for paying to the
69	69	course provider the costs of the training course under this
70	70	section.
71	71	(d) The director by rule shall approve devices to enable a
72	72	first responder to secure a handgun if the first responder, while on
73	73	duty, is required to enter a location where carrying the handgun is
74	74	prohibited by federal law or otherwise.
75	75	(e) The department shall issue a certificate of completion
76	76	to a first responder who completes the training course described by
77	77	Subsection (b).
78	78	(f) A governmental entity that employs or otherwise
79	79	supervises first responders may not adopt a rule or regulation that
80	80	prohibits a first responder who holds a license to carry a handgun
81	81	under this subchapter and who has received a certificate of
82	82	completion from the department under Subsection (e) from:
83	83	(1) carrying a concealed handgun while on duty; or
84	84	(2) storing a handgun on the premises of or in a
85	85	vehicle owned or operated by the governmental entity if the handgun
86	86	is secured with a device approved by the department under
87	87	Subsection (d).
88	88	(g) A first responder may discharge a handgun while on duty
89	89	only in self-defense.
90	90	(h) This section does not create a cause of action or
91	91	liability.
92	92	(i) A governmental entity that employs or otherwise
93	93	supervises first responders is not liable in a civil action arising
94	94	from the discharge of a handgun by a first responder who is licensed
95	95	to carry a handgun under this subchapter.
96	96	(j) The discharge of a handgun by a first responder who is
97	97	licensed to carry a handgun under this subchapter is outside the
98	98	course and scope of the first responder's duties.
99	99	(k) This section may not be construed to waive the immunity
100	100	from suit or liability of a governmental entity that employs or
101	101	otherwise supervises first responders under Chapter 101, Civil
102	102	Practice and Remedies Code, or any other law.
103	103	SECTION 3. Section 46.035(h-1), Penal Code, as added by
104	104	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
105	105	Session, 2007, is amended to read as follows:
106	106	(h-1) It is a defense to prosecution under Subsections
107	107	(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time
108	108	of the commission of the offense, the actor was:
109	109	(1) a judge or justice of a federal court;
110	110	(2) an active judicial officer, as defined by Section
111	111	411.201, Government Code; [or]
112	112	(3) a district attorney, assistant district attorney,
113	113	criminal district attorney, assistant criminal district attorney,
114	114	county attorney, or assistant county attorney; or
115	115	(4) a first responder who:
116	116	(A) was carrying a concealed handgun and held a
117	117	license to carry a handgun under Subchapter H, Chapter 411,
118	118	Government Code;
119	119	(B) has received a certificate of completion for
120	120	a training course under Section 411.184, Government Code; and
121	121	(C) was engaged in the actual discharge of the
122	122	first responder's duties while carrying the handgun.
123	123	SECTION 4. Section 46.15(a), Penal Code, is amended to read
124	124	as follows:
125	125	(a) Sections 46.02 and 46.03 do not apply to:
126	126	(1) peace officers or special investigators under
127	127	Article 2.122, Code of Criminal Procedure, and neither section
128	128	prohibits a peace officer or special investigator from carrying a
129	129	weapon in this state, including in an establishment in this state
130	130	serving the public, regardless of whether the peace officer or
131	131	special investigator is engaged in the actual discharge of the
132	132	officer's or investigator's duties while carrying the weapon;
133	133	(2) parole officers and neither section prohibits an
134	134	officer from carrying a weapon in this state if the officer is:
135	135	(A) engaged in the actual discharge of the
136	136	officer's duties while carrying the weapon; and
137	137	(B) in compliance with policies and procedures
138	138	adopted by the Texas Department of Criminal Justice regarding the
139	139	possession of a weapon by an officer while on duty;
140	140	(3) community supervision and corrections department
141	141	officers appointed or employed under Section 76.004, Government
142	142	Code, and neither section prohibits an officer from carrying a
143	143	weapon in this state if the officer is:
144	144	(A) engaged in the actual discharge of the
145	145	officer's duties while carrying the weapon; and
146	146	(B) authorized to carry a weapon under Section
147	147	76.0051, Government Code;
148	148	(4) an active judicial officer as defined by Section
149	149	411.201, Government Code, who is licensed to carry a handgun under
150	150	Subchapter H, Chapter 411, Government Code;
151	151	(5) an honorably retired peace officer, qualified
152	152	retired law enforcement officer, federal criminal investigator, or
153	153	former reserve law enforcement officer who holds a certificate of
154	154	proficiency issued under Section 1701.357, Occupations Code, and is
155	155	carrying a photo identification that is issued by a federal, state,
156	156	or local law enforcement agency, as applicable, and that verifies
157	157	that the officer is:
158	158	(A) an honorably retired peace officer;
159	159	(B) a qualified retired law enforcement officer;
160	160	(C) a federal criminal investigator; or
161	161	(D) a former reserve law enforcement officer who
162	162	has served in that capacity not less than a total of 15 years with
163	163	one or more state or local law enforcement agencies;
164	164	(6) a district attorney, criminal district attorney,
165	165	county attorney, or municipal attorney who is licensed to carry a
166	166	handgun under Subchapter H, Chapter 411, Government Code;
167	167	(7) an assistant district attorney, assistant
168	168	criminal district attorney, or assistant county attorney who is
169	169	licensed to carry a handgun under Subchapter H, Chapter 411,
170	170	Government Code;
171	171	(8) a bailiff designated by an active judicial officer
172	172	as defined by Section 411.201, Government Code, who is:
173	173	(A) licensed to carry a handgun under Subchapter
174	174	H, Chapter 411, Government Code; and
175	175	(B) engaged in escorting the judicial officer;
176	176	[or]
177	177	(9) a juvenile probation officer who is authorized to
178	178	carry a firearm under Section 142.006, Human Resources Code; or
179	179	(10) a first responder who:
180	180	(A) is carrying a concealed handgun and holds a
181	181	license to carry a handgun under Subchapter H, Chapter 411,
182	182	Government Code;
183	183	(B) has received a certificate of completion for
184	184	a training course under Section 411.184, Government Code; and
185	185	(C) is engaged in the actual discharge of the
186	186	first responder's duties while carrying the handgun.
187	187	SECTION 5. The public safety director of the Department of
188	188	Public Safety shall adopt the rules necessary to implement Section
189	189	411.184, Government Code, as added by this Act, not later than
190	190	December 1, 2021.
191	191	SECTION 6. A qualified handgun instructor may not offer the
192	192	training course described by Section 411.184(b), Government Code,
193	193	as added by this Act, before January 1, 2022.
194	194	SECTION 7. Chapter 112, Civil Practice and Remedies Code,
195	195	as added by this Act, applies only to a cause of action that accrues
196	196	on or after the effective date of this Act. A cause of action that
197	197	accrued before the effective date of this Act is governed by the law
198	198	applicable to the cause of action immediately before the effective
199	199	date of this Act, and that law is continued in effect for that
200	200	purpose.
201	201	SECTION 8. The change in law made by this Act in amending
202	202	Sections 46.035 and 46.15, Penal Code, applies only to an offense
203	203	committed on or after January 1, 2022. An offense committed before
204	204	January 1, 2022, is governed by the law in effect on the date the
205	205	offense was committed, and the former law is continued in effect for
206	206	that purpose. For purposes of this section, an offense was
207	207	committed before January 1, 2022, if any element of the offense
208	208	occurred before that date.
209	209	SECTION 9. This Act takes effect September 1, 2021.