Bill Text: TX HB1531 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the application of certain weapons laws to certain emergency services personnel licensed to carry a concealed handgun.
Spectrum: Partisan Bill (Republican 16-0)
Status: (Introduced - Dead) 2013-03-21 - Left pending in committee [HB1531 Detail]
Download: Texas-2013-HB1531-Introduced.html
83R5731 AJZ-D | ||
By: King of Hemphill | H.B. No. 1531 |
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relating to the application of certain weapons laws to certain | ||
emergency services personnel licensed to carry a concealed handgun. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.07(a), Penal Code, is amended by | ||
adding Subdivision (22-a) to read as follows: | ||
(22-a) "Emergency services personnel" includes | ||
firefighters, emergency medical services personnel as defined by | ||
Section 773.003, Health and Safety Code, and other individuals who, | ||
in the course and scope of employment or as a volunteer, provide | ||
services for the benefit of the general public during emergency | ||
situations. | ||
SECTION 2. Section 30.06(e), Penal Code, is amended to read | ||
as follows: | ||
(e) It is an exception to the application of this section | ||
that: | ||
(1) the property on which the license holder carries a | ||
handgun is owned or leased by a governmental entity and is not a | ||
premises or other place on which the license holder is prohibited | ||
from carrying the handgun under Section 46.03 or 46.035; or | ||
(2) the license holder is emergency services personnel | ||
engaged in providing emergency services in a county with a | ||
population of 50,000 or less. | ||
SECTION 3. Section 46.035, Penal Code, is amended by adding | ||
Subsection (l) to read as follows: | ||
(l) Subsections (b) and (c) do not apply if the actor is | ||
emergency services personnel engaged in providing emergency | ||
services in a county with a population of 50,000 or less. | ||
SECTION 4. Section 46.15(a), Penal Code, is amended to read | ||
as follows: | ||
(a) Sections 46.02 and 46.03 do not apply to: | ||
(1) peace officers or special investigators under | ||
Article 2.122, 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 judicial officer as defined by Section | ||
411.201, Government Code, who is licensed to carry a concealed | ||
handgun under Subchapter H, Chapter 411, Government Code; | ||
(5) an honorably retired peace officer or federal | ||
criminal investigator who holds a certificate of proficiency issued | ||
under Section 1701.357, Occupations Code, and is carrying a photo | ||
identification that: | ||
(A) verifies that the officer honorably retired | ||
after not less than 15 years of service as a commissioned officer; | ||
and | ||
(B) is issued by a state or local law enforcement | ||
agency; | ||
(6) a district attorney, criminal district attorney, | ||
county attorney, or municipal attorney who is licensed to carry a | ||
concealed handgun under Subchapter H, Chapter 411, Government Code; | ||
(7) an assistant district attorney, assistant | ||
criminal district attorney, or assistant county attorney who is | ||
licensed to carry a concealed 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 concealed handgun under | ||
Chapter 411, Government Code; and | ||
(B) engaged in escorting the judicial officer; | ||
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(9) a juvenile probation officer who is authorized to | ||
carry a firearm under Section 142.006, Human Resources Code; or | ||
(10) a person who is emergency services personnel if | ||
the person is: | ||
(A) licensed to carry a concealed handgun under | ||
Subchapter H, Chapter 411, Government Code; and | ||
(B) engaged in providing emergency services in a | ||
county with a population of 50,000 or less. | ||
SECTION 5. Section 22.01(e)(1), Penal Code, is repealed. | ||
SECTION 6. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect when 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 the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 7. This Act takes effect September 1, 2013. |