Texas 2021 - 87th Regular

Texas Senate Bill SB737 Compare Versions

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Version 2 (New)

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1		-	By: Birdwell, Kolkhorst S.B. No. 737
2		-	(In the Senate - Filed February 23, 2021; March 11, 2021,
3		-	read first time and referred to Committee on State Affairs;
4		-	April 12, 2021, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 0; April 12, 2021,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 737 By: Hall
	1	+	87R845 JSC/SCL-D
	2	+	By: Birdwell S.B. No. 737
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the carrying of a handgun by certain first responders.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. The heading to Section 112.001, Civil Practice
16	10		and Remedies Code, is amended to read as follows:
17		-	Sec. 112.001. CERTAIN ACTIONS OF FIRST RESPONDERS ~~AND~~
18		-	VOLUNTEER EMERGENCY SERVICES PERSONNEL.
	11	+	Sec. 112.001. CERTAIN ACTIONS OF FIRST RESPONDERS
	12	+	[VOLUNTEER EMERGENCY SERVICES PERSONNEL].
19	13		SECTION 2. Sections 112.001(a), (b), and (c), Civil
20	14		Practice and Remedies Code, are amended to read as follows:
21	15		(a) In this section:
22		-	(1) "First responder" and "volunteer emergency
23		-	services personnel" have the meanings assigned by Section 46.01,
24		-	Penal Code.
	16	+	(1) "First responder" has the meaning assigned by
	17	+	Section 46.01, Penal Code.
25	18		(2) "Governmental unit" has the meaning assigned by
26	19		Section 101.001.
27	20		[(2) "Volunteer emergency services personnel" has the
28	21		meaning assigned by Section 46.01, Penal Code.]
29	22		(b) A governmental unit is not liable in a civil action
30	23		arising from the discharge of a handgun by an individual who is a
31		-	first responder or volunteer emergency services personnel and
	24	+	first responder [volunteer emergency services personnel] and
32	25		licensed to carry the handgun under Subchapter H, Chapter 411,
33	26		Government Code.
34	27		(c) The discharge of a handgun by an individual who is a
35		-	first responder or volunteer emergency services personnel and
	28	+	first responder [volunteer emergency services personnel] and
36	29		licensed to carry the handgun under Subchapter H, Chapter 411,
37	30		Government Code, is outside the course and scope of the
38		-	individual's duties as a first responder or volunteer emergency
39		-	services personnel~~, as applicable~~.
	31	+	individual's duties as a first responder [volunteer emergency
	32	+	services personnel].
40	33		SECTION 3. Subchapter H, Chapter 411, Government Code, is
41	34		amended by adding Section 411.184 to read as follows:
42		-	Sec. 411.184. TRAINING COURSE ~~FOR CERTAIN FIRST RESPONDERS~~.
	35	+	Sec. 411.184. ON-DUTY FIRST RESPONDER TRAINING COURSE.
43	36		(a) In this section, "first responder" has the meaning assigned by
44	37		Section 46.01, Penal Code.
45	38		(b) The director by rule shall establish minimum standards
46		-	for an initial training course that a first responder who is a
47		-	license holder and who is employed or supervised by a county or
48		-	municipality to which Chapter 179, Local Government Code, applies
	39	+	for a training course that a first responder who is a license holder
49	40		may complete to receive a certification of completion from the
50	41		department under this section. The training course must:
51	42		(1) be administered by a qualified handgun instructor;
52		-	(2) include not more than 40 hours of instruction;
	43	+	(2) include not more than 20 hours of instruction;
53	44		(3) provide classroom training in:
54	45		(A) self-defense;
55	46		(B) de-escalation techniques;
56	47		(C) tactical thinking relating to cover for and
57	48		concealment of the license holder;
58	49		(D) methods to conceal a handgun and methods to
59	50		ensure the secure carrying of a concealed handgun;
60	51		(E) the use of restraint holsters and methods to
61	52		ensure the secure carrying of an openly carried handgun; and
62	53		(F) consequences of improper use of a handgun;
63	54		(4) provide field instruction in the use of handguns,
64	55		including:
65	56		(A) instinctive or reactive shooting;
66	57		(B) tactical shooting;
67	58		(C) shooting while moving; and
68	59		(D) shooting in low light conditions;
69	60		(5) require physical demonstrations of proficiency in
70	61		techniques learned in training; and
71	62		(6) provide procedures for securing and storing a
72	63		handgun if the first responder, while on duty, is required to enter
73	64		a location where carrying the handgun is prohibited by federal law
74	65		or otherwise.
75		-	(c) The department by rule shall establish minimum
76		-	standards for an annual continuing education course that is
77		-	administered by a qualified handgun instructor and includes not
78		-	more than 10 hours of instruction for a person who has completed the
79		-	initial training course described by Subsection (b).
80		-	(d) The department shall issue a certificate of completion
81		-	to a first responder who is a license holder and who completes the
82		-	initial training course under Subsection (b) or the continuing
83		-	education course under Subsection (c), as applicable. A
84		-	certificate of completion expires on the first anniversary of
85		-	issuance.
86		-	(e) A first responder is responsible for paying to the
87		-	course provider the costs of a training course under this section.
88		-	(f) The director by rule shall approve devices to enable a
	66	+	(c) A first responder is responsible for paying to the
	67	+	course provider the costs of the training course under this
	68	+	section.
	69	+	(d) The director by rule shall approve devices to enable a
89	70		first responder to secure and store a handgun if the first
90	71		responder, while on duty, is required to enter a location where
91	72		carrying the handgun is prohibited by federal law or otherwise.
92		-	SECTION 4. Subtitle C, Title 5, Local Government Code, is
93		-	amended by adding Chapter 179 to read as follows:
94		-	CHAPTER 179. AUTHORITY OF CERTAIN FIRST RESPONDERS TO CARRY
95		-	HANDGUN
96		-	SUBCHAPTER A. GENERAL PROVISIONS
97		-	Sec. 179.001. DEFINITIONS. In this chapter:
98		-	(1) "Department" means the Department of Public Safety
99		-	of the State of Texas.
100		-	(2) "First responder" has the meaning assigned by
101		-	Section 46.01, Penal Code.
102		-	(3) "Handgun" has the meaning assigned by Section
103		-	46.01, Penal Code.
104		-	Sec. 179.002. APPLICABILITY OF CHAPTER. This chapter
105		-	applies only to:
106		-	(1) a municipality with a population of 30,000 or less
107		-	that has not adopted Chapter 174; and
108		-	(2) a county with a population of 250,000 or less that
109		-	has not adopted Chapter 174.
110		-	Sec. 179.003. CONSTRUCTION OF CHAPTER. (a) This chapter
111		-	does not create a cause of action or liability.
112		-	(b) This chapter may not be construed to waive, under
113		-	Chapter 101, Civil Practice and Remedies Code, or any other law, a
114		-	municipality's or county's governmental immunity from suit or to
115		-	liability.
116		-	SUBCHAPTER B. AUTHORITY AND REQUIREMENTS TO CARRY HANDGUN
117		-	Sec. 179.051. AUTHORITY OF MUNICIPALITY OR COUNTY TO
118		-	PROHIBIT OR REGULATE CARRYING HANDGUN. (a) A municipality or
119		-	county to which this chapter applies and that employs or supervises
120		-	first responders may not adopt or enforce an ordinance, order, or
121		-	other measure that generally prohibits a first responder who holds
122		-	a license to carry a handgun under Subchapter H, Chapter 411,
123		-	Government Code, an unexpired certificate of completion from the
124		-	department under Section 411.184(d), Government Code, and the
125		-	required liability policy under Section 179.053 from:
	73	+	(e) The department shall issue a certificate of completion
	74	+	to a first responder who completes the training course described by
	75	+	Subsection (b).
	76	+	(f) A governmental entity that employs or otherwise
	77	+	supervises first responders may not adopt a rule or regulation that
	78	+	prohibits a first responder who holds a license to carry a handgun
	79	+	under this subchapter and who has received a certificate of
	80	+	completion from the department under Subsection (e) from:
126	81		(1) carrying a concealed or holstered handgun while on
127	82		duty; or
128	83		(2) storing a handgun on the premises of or in a
129		-	vehicle owned or leased by the municipality or county if the handgun
130		-	is secured with a device approved by the department under Section
131		-	411.184(f), Government Code.
132		-	(b) This section does not prohibit a municipality or county
133		-	from adopting an ordinance, order, or other measure that:
134		-	(1) prohibits a first responder from carrying a
135		-	handgun while on duty based on the conduct of the first responder;
136		-	or
137		-	(2) limits the carrying of a handgun only to the extent
138		-	necessary to ensure that carrying the handgun does not interfere
139		-	with the first responder's duties.
140		-	Sec. 179.052. AUTHORITY OF EMPLOYERS AND SUPERVISORS. (a)
141		-	A municipal or county department or private entity that employs or
142		-	supervises first responders providing services for a municipality
143		-	or county to which this chapter applies may adopt a policy
144		-	authorizing a first responder who is employed or supervised by the
145		-	municipal or county department or private entity and who holds a
146		-	license to carry a handgun under Subchapter H, Chapter 411,
147		-	Government Code, an unexpired certificate of completion from the
148		-	department under Section 411.184(d), Government Code, and the
149		-	required liability policy under Section 179.053 to:
150		-	(1) carry a concealed or holstered handgun while on
151		-	duty; or
152		-	(2) store a handgun on the premises of or in a vehicle
153		-	owned or leased by the applicable municipality or county, or by the
154		-	private entity if the handgun is secured with a device approved by
155		-	the department under Section 411.184(f), Government Code.
156		-	(b) A first responder employed or supervised by a municipal
157		-	or county department or private entity may not engage in conduct
158		-	described by Subsection (a)(1) or (2) unless the municipal or
159		-	county department or private entity has adopted a policy under
160		-	Subsection (a) that authorizes that conduct.
161		-	Sec. 179.053. LIABILITY INSURANCE REQUIRED. A first
162		-	responder shall maintain liability insurance coverage in an amount
163		-	of at least $1 million if:
164		-	(1) the first responder carries a handgun while on
165		-	duty; and
166		-	(2) the handgun is not an essential part of the first
167		-	responder's duties.
168		-	Sec. 179.054. STORAGE OF HANDGUN. (a) A first responder
169		-	who enters a location where carrying a handgun is prohibited by
170		-	federal law or otherwise shall use a device approved by the
171		-	department under Section 411.184(f), Government Code, to secure and
172		-	store the handgun.
173		-	(b) A first responder is responsible for procuring the
174		-	device approved by the department under Section 411.184(f),
175		-	Government Code, or for reimbursing the first responder's employer
176		-	or supervisor for the use of a device provided by the employer or
177		-	supervisor.
178		-	Sec. 179.055. DISCHARGE OF HANDGUN. A first responder may
179		-	discharge a handgun while on duty only in self-defense.
180		-	Sec. 179.056. LIMITED LIABILITY. (a) A municipality or
181		-	county that employs or supervises first responders is not liable in
182		-	a civil action arising from the discharge of a handgun by a first
183		-	responder who is licensed to carry the handgun under Subchapter H,
184		-	Chapter 411, Government Code.
185		-	(b) The discharge of a handgun by a first responder who is
186		-	licensed to carry a handgun under Subchapter H, Chapter 411,
187		-	Government Code, is outside the course and scope of the first
188		-	responder's duties.
189		-	Sec. 179.057. COMPLAINTS. A member of the public may submit
190		-	a complaint to the municipality or county employing or supervising
191		-	the first responder using the municipality's or county's existing
192		-	complaint procedure. One or more complaints received with respect
193		-	to a specific first responder are grounds for prohibiting or
194		-	limiting that first responder's carrying a handgun while on duty.
195		-	SECTION 5. Section 30.06, Penal Code, is amended by adding
196		-	Subsection (f-1) to read as follows:
197		-	(f-1) It is a defense to prosecution under this section that
198		-	the license holder is a first responder, as defined by Section
199		-	46.01, who:
200		-	(1) holds an unexpired certificate of completion under
201		-	Section 411.184, Government Code, at the time of engaging in the
202		-	applicable conduct;
	84	+	vehicle owned or operated by the governmental entity if the handgun
	85	+	is secured with a device approved by the department under
	86	+	Subsection (d).
	87	+	(g) A first responder may discharge a handgun while on duty
	88	+	only in self-defense.
	89	+	(h) This section does not create a cause of action or
	90	+	liability.
	91	+	(i) A governmental entity that employs or otherwise
	92	+	supervises first responders is not liable in a civil action arising
	93	+	from the discharge of a handgun by a first responder who is licensed
	94	+	to carry a handgun under this subchapter.
	95	+	(j) The discharge of a handgun by a first responder who is
	96	+	licensed to carry a handgun under this subchapter is outside the
	97	+	course and scope of the first responder's duties.
	98	+	(k) This section may not be construed to waive, under
	99	+	Chapter 101, Civil Practice and Remedies Code, or any other law,
	100	+	immunity from suit or liability of a governmental entity that
	101	+	employs or otherwise supervises first responders.
	102	+	SECTION 4. Section 30.06(f), Penal Code, is amended to read
	103	+	as follows:
	104	+	(f) It is a defense to prosecution under this section that
	105	+	the license holder is a first responder [volunteer emergency
	106	+	services personnel], as defined by Section 46.01, who:
	107	+	(1) received a certificate of completion for a
	108	+	training course under Section 411.184, Government Code, before
	109	+	engaging in the applicable conduct; and
203	110		(2) was engaged in the actual discharge of the first
204		-	responder's duties while carrying the handgun; and
205		-	(3) was employed or supervised by a municipality or
206		-	county to which Chapter 179, Local Government Code, applies.
207		-	SECTION 6. Section 30.07, Penal Code, is amended by adding
208		-	Subsection (g-1) to read as follows:
209		-	(g-1) It is a defense to prosecution under this section that
210		-	the license holder is a first responder, as defined by Section
211		-	46.01, who:
212		-	(1) holds an unexpired certificate of completion under
213		-	Section 411.184, Government Code, at the time of engaging in the
214		-	applicable conduct;
	111	+	responder's duties while carrying the handgun.
	112	+	SECTION 5. Section 30.07(g), Penal Code, is amended to read
	113	+	as follows:
	114	+	(g) It is a defense to prosecution under this section that
	115	+	the license holder is a first responder [volunteer emergency
	116	+	services personnel], as defined by Section 46.01, who:
	117	+	(1) received a certificate of completion for a
	118	+	training course under Section 411.184, Government Code, before
	119	+	engaging in the applicable conduct; and
215	120		(2) was engaged in the actual discharge of the first
216		-	responder's duties while carrying the handgun; and
217		-	(3) was employed or supervised by a municipality or
218		-	county to which Chapter 179, Local Government Code, applies.
219		-	SECTION 7. Section 46.01, Penal Code, is amended by adding
220		-	Subdivision (20) to read as follows:
221		-	(20) "First responder" means a public safety employee
222		-	whose duties include responding rapidly to an emergency. The term
223		-	includes fire protection personnel and emergency medical services
224		-	personnel as defined by Section 773.003, Health and Safety Code.
225		-	The term does not include:
226		-	(A) volunteer emergency services personnel;
227		-	(B) an emergency medical services volunteer, as
228		-	defined by Section 773.003, Health and Safety Code; or
229		-	(C) a peace officer or reserve law enforcement
	121	+	responder's duties while carrying the handgun.
	122	+	SECTION 6. Section 46.01(18), Penal Code, is amended to
	123	+	read as follows:
	124	+	(18) "First responder" means a public safety employee
	125	+	or volunteer whose duties include responding rapidly to an
	126	+	emergency. The term includes fire protection personnel, including
	127	+	["Volunteer emergency services personnel" includes a] volunteer
	128	+	firefighters, and emergency medical services personnel, including
	129	+	[firefighter, an] emergency medical services volunteers
	130	+	[volunteer] as defined by Section 773.003, Health and Safety Code[,
	131	+	and any individual who, as a volunteer, provides services for the
	132	+	benefit of the general public during emergency situations]. The
	133	+	term does not include a peace officer or reserve law enforcement
230	134		officer, as those terms are defined by Section 1701.001,
231	135		Occupations Code, who is performing law enforcement duties.
232		-	SECTION 8. Section 46.15, Penal Code, is amended by adding
233		-	Subsection (m) to read as follows:
234		-	(m) Sections 46.02, 46.03, and 46.035(b) and (c) do not
235		-	apply to a first responder who:
236		-	(1) was carrying a handgun in a concealed manner or in
237		-	a shoulder or belt holster;
238		-	(2) holds an unexpired certificate of completion under
239		-	Section 411.184, Government Code, at the time of engaging in the
240		-	applicable conduct;
241		-	(3) was engaged in the actual discharge of the first
242		-	responder's duties while carrying the handgun; and
243		-	(4) was employed or supervised by a municipality or
244		-	county to which Chapter 179, Local Government Code, applies.
	136	+	SECTION 7. Section 46.035(m), Penal Code, is amended to
	137	+	read as follows:
	138	+	(m) It is a defense to prosecution under Subsections (b) and
	139	+	(c) that the license holder [actor] is a first responder who:
	140	+	(1) was carrying the handgun in a concealed manner or
	141	+	in a shoulder or belt holster;
	142	+	(2) received a certificate of completion for a
	143	+	training course under Section 411.184, Government Code, before
	144	+	engaging in the applicable conduct; and
	145	+	(3) was [volunteer emergency services personnel]
	146	+	engaged in the actual discharge of the first responder's duties
	147	+	while carrying the handgun [providing emergency services].
	148	+	SECTION 8. Section 46.15(a), Penal Code, is amended to read
	149	+	as follows:
	150	+	(a) Sections 46.02 and 46.03 do not apply to:
	151	+	(1) peace officers or special investigators under
	152	+	Article 2.122, Code of Criminal Procedure, and neither section
	153	+	prohibits a peace officer or special investigator from carrying a
	154	+	weapon in this state, including in an establishment in this state
	155	+	serving the public, regardless of whether the peace officer or
	156	+	special investigator is engaged in the actual discharge of the
	157	+	officer's or investigator's duties while carrying the weapon;
	158	+	(2) parole officers, and neither section prohibits an
	159	+	officer from carrying a weapon in this state if the officer is:
	160	+	(A) engaged in the actual discharge of the
	161	+	officer's duties while carrying the weapon; and
	162	+	(B) in compliance with policies and procedures
	163	+	adopted by the Texas Department of Criminal Justice regarding the
	164	+	possession of a weapon by an officer while on duty;
	165	+	(3) community supervision and corrections department
	166	+	officers appointed or employed under Section 76.004, Government
	167	+	Code, and neither section prohibits an officer from carrying a
	168	+	weapon in this state if the officer is:
	169	+	(A) engaged in the actual discharge of the
	170	+	officer's duties while carrying the weapon; and
	171	+	(B) authorized to carry a weapon under Section
	172	+	76.0051, Government Code;
	173	+	(4) an active judicial officer as defined by Section
	174	+	411.201, Government Code, who is licensed to carry a handgun under
	175	+	Subchapter H, Chapter 411, Government Code;
	176	+	(5) an honorably retired peace officer or other
	177	+	qualified retired law enforcement officer, as defined by 18 U.S.C.
	178	+	Section 926C, who holds a certificate of proficiency issued under
	179	+	Section 1701.357, Occupations Code, and is carrying a photo
	180	+	identification that is issued by a federal, state, or local law
	181	+	enforcement agency, as applicable, and that verifies that the
	182	+	officer is an honorably retired peace officer or other qualified
	183	+	retired law enforcement officer;
	184	+	(6) the attorney general or a United States attorney,
	185	+	district attorney, criminal district attorney, county attorney, or
	186	+	municipal attorney who is licensed to carry a handgun under
	187	+	Subchapter H, Chapter 411, Government Code;
	188	+	(7) an assistant United States attorney, assistant
	189	+	attorney general, assistant district attorney, assistant criminal
	190	+	district attorney, or assistant county attorney who is licensed to
	191	+	carry a handgun under Subchapter H, Chapter 411, Government Code;
	192	+	(8) a bailiff designated by an active judicial officer
	193	+	as defined by Section 411.201, Government Code, who is:
	194	+	(A) licensed to carry a handgun under Subchapter
	195	+	H, Chapter 411, Government Code; and
	196	+	(B) engaged in escorting the judicial officer;
	197	+	(9) a juvenile probation officer who is authorized to
	198	+	carry a firearm under Section 142.006, Human Resources Code; or
	199	+	(10) a first responder who [person who is volunteer
	200	+	emergency services personnel if the person is]:
	201	+	(A) is carrying the [a] handgun in a concealed
	202	+	manner or in a shoulder or belt holster;
	203	+	(B) holds a license to carry a handgun under [the
	204	+	authority of] Subchapter H, Chapter 411, Government Code;
	205	+	(C) received a certificate of completion for a
	206	+	training course under Section 411.184, Government Code, before
	207	+	engaging in the applicable conduct; and
	208	+	(D) is [(B)] engaged in the actual discharge of
	209	+	the first responder's duties while carrying the handgun [providing
	210	+	emergency services].
245	211		SECTION 9. The public safety director of the Department of
246	212		Public Safety shall adopt the rules necessary to implement Section
247	213		411.184, Government Code, as added by this Act, not later than
248	214		December 1, 2021.
249	215		SECTION 10. A qualified handgun instructor may not offer
250	216		the training course described by Section 411.184(b), Government
251	217		Code, as added by this Act, before January 1, 2022.
252	218		SECTION 11. Section 112.001, Civil Practice and Remedies
253	219		Code, as amended by this Act, applies only to a cause of action that
254	220		accrues on or after September 1, 2021. A cause of action that
255	221		accrues before September 1, 2021, is governed by the law in effect
256	222		immediately before that date, and the former law is continued in
257	223		effect for that purpose.
258	224		SECTION 12. The changes in law made by this Act in amending
259		-	Sections 30.06, 30.07, and 46.15, Penal Code, apply only to an
260		-	offense committed on or after the effective date of this Act. An
261		-	offense committed before the effective date of this Act is governed
262		-	by the law in effect on the date the offense was committed, and the
263		-	former law is continued in effect for that purpose. For purposes of
264		-	this section, an offense was committed before the effective date of
265		-	this Act if any element of the offense occurred before that date.
266		-	SECTION 13. This Act takes effect September 1, 2021.
267		-	* * * * *
	225	+	Sections 30.06, 30.07, 46.035, and 46.15, Penal Code, apply only to
	226	+	an offense committed on or after September 1, 2022. An offense
	227	+	committed before September 1, 2022, is governed by the law in effect
	228	+	immediately before that date, and the former law is continued in
	229	+	effect for that purpose. For purposes of this section, an offense
	230	+	was committed before September 1, 2022, if any element of the
	231	+	offense occurred before that date.
	232	+	SECTION 13. (a) Except as otherwise provided by Subsection
	233	+	(b) of this section, this Act takes effect September 1, 2021.
	234	+	(b) Sections 30.06, 30.07, 46.035, and 46.15, Penal Code, as
	235	+	amended by this Act, take effect September 1, 2022.