Texas 2025 - 89th Regular

Texas House Bill HB5014 Compare Versions

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

Old	New	Differences
1	1	89R16131 JSC-F
2	2	By: Isaac H.B. No. 5014
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the rights of special forces veterans who hold a license
10	10	to carry a handgun.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.174(b-1), Government Code, is
13	13	amended to read as follows:
14	14	(b-1) The application must provide space for the applicant
15	15	to:
16	16	(1) list any military service that may qualify the
17	17	applicant to receive a license with a veteran's designation under
18	18	Section 411.179(e) or a special forces veterans designation under
19	19	Section 411.1845; and
20	20	(2) include proof required by the department to
21	21	determine the applicant's eligibility to receive the applicable
22	22	[that] designation.
23	23	SECTION 2. Section 411.179(a), Government Code, is amended
24	24	to read as follows:
25	25	(a) The department by rule shall adopt the form of the
26	26	license. A license must include:
27	27	(1) a number assigned to the license holder by the
28	28	department;
29	29	(2) a statement of the period for which the license is
30	30	effective;
31	31	(3) a photograph of the license holder;
32	32	(4) the license holder's full name, date of birth, hair
33	33	and eye color, height, weight, and signature;
34	34	(5) the license holder's residence address or, as
35	35	provided by Subsection (d), the street address of the courthouse in
36	36	which the license holder or license holder's spouse or parent
37	37	serves as a federal judge or the license holder serves as a state
38	38	judge;
39	39	(6) the number of a driver's license or an
40	40	identification certificate issued to the license holder by the
41	41	department;
42	42	(7) the designation "VETERAN" if required under
43	43	Subsection (e);
44	44	(8) any at-risk designation for which the license
45	45	holder has established eligibility under Section 411.184; [and]
46	46	(9) if applicable, a protective order designation
47	47	under Section 411.1735; and
48	48	(10) the designation "SPECIAL FORCES VETERAN" for
49	49	which the license holder has established eligibility under Section
50	50	411.1845.
51	51	SECTION 3. Subchapter H, Chapter 411, Government Code, is
52	52	amended by adding Section 411.1845 to read as follows:
53	53	Sec. 411.1845. SPECIAL FORCES VETERAN DESIGNATION. (a) In
54	54	this section, "special forces veteran" means a person who:
55	55	(1) is a veteran, as defined by Section 411.1951; and
56	56	(2) served for a period of at least 12 consecutive
57	57	months in one or more of the following positions at the enlisted pay
58	58	grade of E5-E9, at the warrant officer pay grade of W1-W5, or at the
59	59	commissioned officer pay grade O1-O10:
60	60	(A) United States Army Special Forces as:
61	61	(i) a detachment commander (18A);
62	62	(ii) a detachment warrant officer (180A);
63	63	(iii) a weapons sergeant (18B);
64	64	(iv) an engineer sergeant (18C);
65	65	(v) a medical sergeant (18D);
66	66	(vi) a communications sergeant (18E);
67	67	(vii) an intelligence sergeant (18F); or
68	68	(viii) an operations sergeant (18Z);
69	69	(B) United States Army 75th Ranger Regiment as:
70	70	(i) a commissioned officer who served as an
71	71	infantry officer (11A); or
72	72	(ii) a noncommissioned officer or enlisted
73	73	member who served as:
74	74	(a) an infantryman (11B);
75	75	(b) an indirect fire infantryman
76	76	(11C); or
77	77	(c) a combat medic specialist (68W);
78	78	(C) United States Navy SEAL as:
79	79	(i) an active duty officer qualified in
80	80	special warfare (1130); or
81	81	(ii) an enlisted member who served as a
82	82	special warfare operator (5326);
83	83	(D) United States Marine Corps as:
84	84	(i) a scout sniper (0317, previously 8541);
85	85	(ii) a reconnaissance marine (0321);
86	86	(iii) a sniper qualified reconnaissance
87	87	marine (0322);
88	88	(iv) a parachute and combatant diver
89	89	qualified reconnaissance marine (0326, previously 8654);
90	90	(v) a special operations officer (0370); or
91	91	(vi) a critical skills operator (0372); or
92	92	(E) United States Air Force as:
93	93	(i) an enlisted member who served in combat
94	94	control (1Z2X1); or
95	95	(ii) an enlisted member who served in
96	96	pararescue (1T2X1).
97	97	(b) The department shall include the designation "SPECIAL
98	98	FORCES VETERAN" on the face of any original, duplicate, modified,
99	99	or renewed license under this subchapter or on the reverse side of
100	100	the license, as determined by the department, if the license is
101	101	issued to a special forces veteran who:
102	102	(1) requests the designation; and
103	103	(2) provides to the department sufficient proof of the
104	104	veteran's military service and honorable discharge and the
105	105	veteran's eligibility under this section.
106	106	(c) The director shall adopt rules to implement this
107	107	section.
108	108	SECTION 4. Subchapter N, Chapter 1702, Occupations Code, is
109	109	amended by adding Section 1702.334 to read as follows:
110	110	Sec. 1702.334. SPECIAL FORCES VETERANS. This chapter does
111	111	not apply to:
112	112	(1) a person who holds a license to carry a handgun
113	113	under Subchapter H, Chapter 411, Government Code, that bears the
114	114	special forces veteran designation under Section 411.1845 of that
115	115	code; or
116	116	(2) a charitable, nonprofit organization that:
117	117	(A) provides services only in furtherance of its
118	118	mission;
119	119	(B) is exempt from the payment of federal income
120	120	taxes under Section 501(a), Internal Revenue Code of 1986, and its
121	121	subsequent amendments by being listed as an exempt entity under
122	122	Section 501(c)(3) of that code; and
123	123	(C) is managed by a person described by
124	124	Subdivision (1).
125	125	SECTION 5. Section 46.15(a), Penal Code, as amended by
126	126	Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts
127	127	of the 88th Legislature, Regular Session, 2023, is reenacted and
128	128	amended to read as follows:
129	129	(a) Sections 46.02 and 46.03 do not apply to:
130	130	(1) peace officers or special investigators under
131	131	Article 2A.002, Code of Criminal Procedure, and neither section
132	132	prohibits a peace officer or special investigator from carrying a
133	133	weapon in this state, including in an establishment in this state
134	134	serving the public, regardless of whether the peace officer or
135	135	special investigator is engaged in the actual discharge of the
136	136	officer's or investigator's duties while carrying the weapon;
137	137	(2) parole officers, and neither section prohibits an
138	138	officer from carrying a weapon in this state if the officer is:
139	139	(A) engaged in the actual discharge of the
140	140	officer's duties while carrying the weapon; and
141	141	(B) in compliance with policies and procedures
142	142	adopted by the Texas Department of Criminal Justice regarding the
143	143	possession of a weapon by an officer while on duty;
144	144	(3) community supervision and corrections department
145	145	officers appointed or employed under Section 76.004, Government
146	146	Code, and neither section prohibits an officer from carrying a
147	147	weapon in this state if the officer is:
148	148	(A) engaged in the actual discharge of the
149	149	officer's duties while carrying the weapon; and
150	150	(B) authorized to carry a weapon under Section
151	151	76.0051, Government Code;
152	152	(4) an active or retired judicial officer as defined
153	153	by Section 411.201, Government Code, who is licensed to carry a
154	154	handgun under Subchapter H, Chapter 411, Government Code;
155	155	(5) an honorably retired peace officer or other
156	156	qualified retired law enforcement officer, as defined by 18 U.S.C.
157	157	Section 926C, who holds a certificate of proficiency issued under
158	158	Section 1701.357, Occupations Code, and is carrying a photo
159	159	identification that is issued by a federal, state, or local law
160	160	enforcement agency, as applicable, and that verifies that the
161	161	officer is an honorably retired peace officer or other qualified
162	162	retired law enforcement officer;
163	163	(6) the attorney general or a United States attorney,
164	164	district attorney, criminal district attorney, county attorney, or
165	165	municipal attorney who is licensed to carry a handgun under
166	166	Subchapter H, Chapter 411, Government Code;
167	167	(7) an assistant United States attorney, assistant
168	168	attorney general, assistant district attorney, assistant criminal
169	169	district attorney, or assistant county attorney who is licensed to
170	170	carry a handgun under Subchapter H, Chapter 411, 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	(9) a juvenile probation officer who is authorized to
177	177	carry a firearm under Section 142.006, Human Resources Code;
178	178	(10) a person who is volunteer emergency services
179	179	personnel if the person is:
180	180	(A) carrying a handgun under the authority of
181	181	Subchapter H, Chapter 411, Government Code; and
182	182	(B) engaged in providing emergency services;
183	183	[or]
184	184	(11) a person who:
185	185	(A) retired after serving as a judge or justice
186	186	described by Section 411.201(a)(1), Government Code; and
187	187	(B) is licensed to carry a handgun under
188	188	Subchapter H, Chapter 411, Government Code;
189	189	(12) [(11)] a district or county clerk who is carrying
190	190	a handgun the clerk is licensed to carry under Subchapter H, Chapter
191	191	411, Government Code; or
192	192	(13) a person who:
193	193	(A) is carrying a handgun; and
194	194	(B) holds a license to carry a handgun under
195	195	Subchapter H, Chapter 411, Government Code, that bears the special
196	196	forces veteran designation under Section 411.1845 of that code.
197	197	SECTION 6. The public safety director of the Department of
198	198	Public Safety shall adopt the rules necessary to implement Section
199	199	411.1845, Government Code, as added by this Act, not later than
200	200	December 1, 2025.
201	201	SECTION 7. The Department of Public Safety may not accept an
202	202	application for or grant a designation under Section 411.1845,
203	203	Government Code, as added by this Act, before January 1, 2026.
204	204	SECTION 8. The change in law made by this Act in amending
205	205	Section 46.15, Penal Code, applies only to an offense committed on
206	206	or after January 1, 2026. An offense committed before January 1,
207	207	2026, is governed by the law in effect on the date the offense was
208	208	committed, and the former law is continued in effect for that
209	209	purpose. For purposes of this section, an offense was committed
210	210	before January 1, 2026, if any element of the offense occurred
211	211	before that date.
212	212	SECTION 9. To the extent of any conflict, this Act prevails
213	213	over another Act of the 89th Legislature, Regular Session, 2025,
214	214	relating to nonsubstantive additions to and corrections in enacted
215	215	codes.
216	216	SECTION 10. This Act takes effect September 1, 2025.