Bill Text: TX HB2735 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the carrying of a handgun by certain first responders and volunteer emergency services personnel; providing for a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-18 - Left pending in committee [HB2735 Detail]
Download: Texas-2017-HB2735-Introduced.html
85R11674 JSC-D | ||
By: Bohac | H.B. No. 2735 |
|
||
|
||
relating to the carrying of a handgun by certain first responders | ||
and volunteer emergency services personnel; providing for a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 color 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 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); and | ||
(8) a designation for an on-duty first responder to | ||
carry a handgun, if the license holder received that designation | ||
under Section 411.184. | ||
SECTION 2. Subchapter H, Chapter 411, Government Code, is | ||
amended by adding Section 411.184 to read as follows: | ||
Sec. 411.184. ON-DUTY FIRST RESPONDER DESIGNATION. (a) In | ||
this section, "first responder" means a public safety employee or | ||
volunteer whose duties include responding rapidly to an emergency. | ||
The term includes fire protection personnel, including volunteer | ||
firefighters, and emergency medical services personnel, including | ||
emergency medical services volunteers. The term does not include | ||
commissioned law enforcement personnel. | ||
(b) A first responder is eligible for an on-duty first | ||
responder designation on the first responder's license to carry a | ||
handgun under this subchapter if the first responder submits to the | ||
department: | ||
(1) on a form provided by the department, a completed | ||
application for the designation; | ||
(2) evidence that the license holder: | ||
(A) is a first responder; and | ||
(B) has successfully completed a course | ||
described by Subsection (d); and | ||
(3) the fee set by the director under Subsection (c). | ||
(c) The director by rule shall: | ||
(1) adopt an application form to be used to apply for a | ||
designation under this section; and | ||
(2) set a fee in an amount sufficient to cover the cost | ||
of issuing licenses bearing a designation under this section. | ||
(d) The director by rule shall establish minimum standards | ||
for a training course for a license holder seeking an on-duty first | ||
responder designation, to be taken at the license holder's expense. | ||
The training course must: | ||
(1) be administered by a qualified handgun instructor; | ||
(2) include not less than 40 hours of instruction; | ||
(3) provide classroom training in: | ||
(A) de-escalation techniques; | ||
(B) tactical thinking relating to cover for and | ||
concealment of the license holder; | ||
(C) methods to conceal a handgun and methods to | ||
ensure the secure carrying of an openly carried handgun; and | ||
(D) consequences of improper use of a handgun; | ||
(4) provide field instruction in the use of handguns, | ||
including: | ||
(A) instinctive or reactive shooting; | ||
(B) tactical shooting; | ||
(C) shooting while moving; and | ||
(D) shooting in low light conditions; and | ||
(5) require physical demonstrations of proficiency in | ||
techniques learned in training. | ||
(e) The department may grant a designation under this | ||
section to a license holder who meets all the eligibility | ||
requirements and submits the required application materials and fee | ||
under Subsection (b). Not later than the 60th day after the date of | ||
receipt of the application materials and fee, the department shall | ||
issue the license with the designation or notify the license holder | ||
in writing that the application for the designation was denied. | ||
(f) On receipt of a license with a designation under this | ||
section, the license holder shall return to the department any | ||
license that was previously issued to the license holder. | ||
(g) A license holder whose fee to apply for a designation | ||
under this section is dishonored or reversed may reapply for the | ||
designation at any time, provided the fee and an additional charge | ||
of $25 are paid by cashier's check or money order made payable to | ||
the "Texas Department of Public Safety." | ||
(h) A license holder who becomes ineligible for the | ||
designation under this section because the license holder is no | ||
longer employed or volunteering as a first responder promptly shall | ||
notify the department. Not later than the 30th day after the date | ||
of receipt of the notice, the department shall issue a license | ||
without the designation to the license holder. A license holder who | ||
is no longer eligible for a designation under this section: | ||
(1) is not entitled to carry a handgun in a location in | ||
which the license holder was allowed to carry the handgun only by | ||
virtue of the designation; and | ||
(2) on receipt of the license without the designation, | ||
promptly shall return the license with the designation to the | ||
department. | ||
(i) A designation under this section does not limit the | ||
right of a first responder to carry a handgun or other weapon under | ||
other law. | ||
(j) The director by rule shall approve devices to enable a | ||
first responder to secure a handgun if the first responder, while on | ||
duty, is required to enter a location where carrying the handgun is | ||
prohibited by federal law or otherwise. | ||
(k) A governmental entity that employs or otherwise | ||
supervises first responders may not adopt a rule or regulation that | ||
prohibits a first responder who holds a license bearing a | ||
designation under this section from: | ||
(1) carrying a handgun while on duty; or | ||
(2) storing a handgun on the premises of or in a | ||
vehicle owned or operated by the governmental entity if the handgun | ||
is secured with a device approved by the department under | ||
Subsection (j). | ||
(l) This section does not create a cause of action or | ||
liability. | ||
(m) A governmental entity that employs or otherwise | ||
supervises first responders is not liable in a civil action arising | ||
from the discharge of a handgun by a first responder who is licensed | ||
to carry a handgun under this subchapter. | ||
(n) The discharge of a handgun by a first responder who is | ||
licensed to carry a handgun under this subchapter is outside the | ||
course and scope of the first responder's duties. | ||
(o) This section may not be construed to waive the immunity | ||
from suit or liability of a governmental entity that employs or | ||
otherwise supervises first responders under Chapter 101, Civil | ||
Practice and Remedies Code, or any other law. | ||
SECTION 3. Section 46.035(h-1), Penal Code, as added by | ||
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular | ||
Session, 2007, is amended to read as follows: | ||
(h-1) It is a defense to prosecution under Subsections | ||
(b)(1), (2), (4), (5), and (6) [ |
||
of the commission of the offense, the actor was: | ||
(1) a judge or justice of a federal court; | ||
(2) an active judicial officer, as defined by Section | ||
411.201, Government Code; [ |
||
(3) a district attorney, assistant district attorney, | ||
criminal district attorney, assistant criminal district attorney, | ||
county attorney, or assistant county attorney; or | ||
(4) a first responder who: | ||
(A) was carrying a handgun and held a license to | ||
carry a handgun under Subchapter H, Chapter 411, Government Code, | ||
bearing an on-duty first responder designation under Section | ||
411.184 of that code; and | ||
(B) was engaged in the actual discharge of the | ||
first responder's duties while carrying the handgun. | ||
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 handgun under | ||
Subchapter H, Chapter 411, Government Code; | ||
(5) an honorably retired peace officer, qualified | ||
retired law enforcement officer, federal criminal investigator, or | ||
former reserve law enforcement officer 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: | ||
(A) an honorably retired peace officer; | ||
(B) a qualified retired law enforcement officer; | ||
(C) a federal criminal investigator; or | ||
(D) a former reserve law enforcement officer who | ||
has served in that capacity not less than a total of 15 years with | ||
one or more state or local law enforcement agencies; | ||
(6) a 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 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; or | ||
(10) a first responder who: | ||
(A) is carrying a handgun and holds a license to | ||
carry a handgun under Subchapter H, Chapter 411, Government Code, | ||
that bears an on-duty first responder designation under Section | ||
411.184 of that code; and | ||
(B) is engaged in the actual discharge of the | ||
first responder's duties while carrying the handgun. | ||
SECTION 5. The public safety director of the Department of | ||
Public Safety shall adopt the rules necessary to implement Section | ||
411.184, Government Code, as added by this Act, not later than | ||
December 1, 2017. | ||
SECTION 6. (a) A qualified handgun instructor may not | ||
offer the training course described by Section 411.184(d), | ||
Government Code, as added by this Act, before January 1, 2018. | ||
(b) The Department of Public Safety may not accept an | ||
application for or grant a designation under Section 411.184, | ||
Government Code, as added by this Act, before January 1, 2018. | ||
SECTION 7. The change in law made by this Act in amending | ||
Sections 46.035 and 46.15, Penal Code, applies only to an offense | ||
committed on or after January 1, 2018. An offense committed before | ||
January 1, 2018, 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, 2018, if any element of the offense | ||
occurred before that date. | ||
SECTION 8. This Act takes effect September 1, 2017. |