89R16131 JSC-F
By: Isaac H.B. No. 5014
A BILL TO BE ENTITLED
AN ACT
relating to the rights of special forces veterans who hold a license
to carry a handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.174(b-1), Government Code, is
amended to read as follows:
(b-1) The application must provide space for the applicant
to:
(1) list any military service that may qualify the
applicant to receive a license with a veteran's designation under
Section 411.179(e) or a special forces veterans designation under
Section 411.1845; and
(2) include proof required by the department to
determine the applicant's eligibility to receive the applicable
[that] designation.
SECTION 2. 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 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 or parent
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;
(7) the designation "VETERAN" if required under
Subsection (e);
(8) any at-risk designation for which the license
holder has established eligibility under Section 411.184; [and]
(9) if applicable, a protective order designation
under Section 411.1735; and
(10) the designation "SPECIAL FORCES VETERAN" for
which the license holder has established eligibility under Section
411.1845.
SECTION 3. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.1845 to read as follows:
Sec. 411.1845. SPECIAL FORCES VETERAN DESIGNATION. (a) In
this section, "special forces veteran" means a person who:
(1) is a veteran, as defined by Section 411.1951; and
(2) served for a period of at least 12 consecutive
months in one or more of the following positions at the enlisted pay
grade of E5-E9, at the warrant officer pay grade of W1-W5, or at the
commissioned officer pay grade O1-O10:
(A) United States Army Special Forces as:
(i) a detachment commander (18A);
(ii) a detachment warrant officer (180A);
(iii) a weapons sergeant (18B);
(iv) an engineer sergeant (18C);
(v) a medical sergeant (18D);
(vi) a communications sergeant (18E);
(vii) an intelligence sergeant (18F); or
(viii) an operations sergeant (18Z);
(B) United States Army 75th Ranger Regiment as:
(i) a commissioned officer who served as an
infantry officer (11A); or
(ii) a noncommissioned officer or enlisted
member who served as:
(a) an infantryman (11B);
(b) an indirect fire infantryman
(11C); or
(c) a combat medic specialist (68W);
(C) United States Navy SEAL as:
(i) an active duty officer qualified in
special warfare (1130); or
(ii) an enlisted member who served as a
special warfare operator (5326);
(D) United States Marine Corps as:
(i) a scout sniper (0317, previously 8541);
(ii) a reconnaissance marine (0321);
(iii) a sniper qualified reconnaissance
marine (0322);
(iv) a parachute and combatant diver
qualified reconnaissance marine (0326, previously 8654);
(v) a special operations officer (0370); or
(vi) a critical skills operator (0372); or
(E) United States Air Force as:
(i) an enlisted member who served in combat
control (1Z2X1); or
(ii) an enlisted member who served in
pararescue (1T2X1).
(b) The department shall include the designation "SPECIAL
FORCES VETERAN" on the face of any original, duplicate, modified,
or renewed license under this subchapter or on the reverse side of
the license, as determined by the department, if the license is
issued to a special forces veteran who:
(1) requests the designation; and
(2) provides to the department sufficient proof of the
veteran's military service and honorable discharge and the
veteran's eligibility under this section.
(c) The director shall adopt rules to implement this
section.
SECTION 4. Subchapter N, Chapter 1702, Occupations Code, is
amended by adding Section 1702.334 to read as follows:
Sec. 1702.334. SPECIAL FORCES VETERANS. This chapter does
not apply to:
(1) a person who holds a license to carry a handgun
under Subchapter H, Chapter 411, Government Code, that bears the
special forces veteran designation under Section 411.1845 of that
code; or
(2) a charitable, nonprofit organization that:
(A) provides services only in furtherance of its
mission;
(B) is exempt from the payment of federal income
taxes under Section 501(a), Internal Revenue Code of 1986, and its
subsequent amendments by being listed as an exempt entity under
Section 501(c)(3) of that code; and
(C) is managed by a person described by
Subdivision (1).
SECTION 5. Section 46.15(a), Penal Code, as amended by
Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts
of the 88th Legislature, Regular Session, 2023, is reenacted and
amended to read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2A.002, 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 or retired 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 or other
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, 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 an honorably retired peace officer or other qualified
retired law enforcement officer;
(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;
(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 person who:
(A) retired after serving as a judge or justice
described by Section 411.201(a)(1), Government Code; and
(B) is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(12) [(11)] a district or county clerk who is carrying
a handgun the clerk is licensed to carry under Subchapter H, Chapter
411, Government Code; or
(13) a person who:
(A) is carrying a handgun; and
(B) holds a license to carry a handgun under
Subchapter H, Chapter 411, Government Code, that bears the special
forces veteran designation under Section 411.1845 of that code.
SECTION 6. The public safety director of the Department of
Public Safety shall adopt the rules necessary to implement Section
411.1845, Government Code, as added by this Act, not later than
December 1, 2025.
SECTION 7. The Department of Public Safety may not accept an
application for or grant a designation under Section 411.1845,
Government Code, as added by this Act, before January 1, 2026.
SECTION 8. The change in law made by this Act in amending
Section 46.15, Penal Code, applies only to an offense committed on
or after January 1, 2026. An offense committed before January 1,
2026, 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, 2026, if any element of the offense occurred
before that date.
SECTION 9. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 10. This Act takes effect September 1, 2025.