Bill Text: TX HB435 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the carrying of weapons, including the application of certain weapons and handgun license laws to certain persons, the carrying of handguns by license holders on the property of a state hospital, and the liability for certain actions of volunteer emergency services personnel licensed to carry a handgun; providing a civil penalty.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB435 Detail]
Download: Texas-2017-HB435-Enrolled.html
H.B. No. 435 |
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relating to the carrying of weapons, including the application of | ||
certain weapons and handgun license laws to certain persons, the | ||
carrying of handguns by license holders on the property of a state | ||
hospital, and the liability for certain actions of volunteer | ||
emergency services personnel licensed to carry a handgun; providing | ||
a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 5, Civil Practice and Remedies Code, is | ||
amended by adding Chapter 112 to read as follows: | ||
CHAPTER 112. LIMITATION OF LIABILITY FOR GOVERNMENTAL UNITS | ||
Sec. 112.001. CERTAIN ACTIONS OF VOLUNTEER EMERGENCY | ||
SERVICES PERSONNEL. (a) In this section: | ||
(1) "Governmental unit" has the meaning assigned by | ||
Section 101.001. | ||
(2) "Volunteer emergency services personnel" has the | ||
meaning assigned by Section 46.01, Penal Code. | ||
(b) A governmental unit is not liable in a civil action | ||
arising from the discharge of a handgun by an individual who is | ||
volunteer emergency services personnel and licensed to carry the | ||
handgun under Subchapter H, Chapter 411, Government Code. | ||
(c) The discharge of a handgun by an individual who is | ||
volunteer emergency services personnel and licensed to carry the | ||
handgun under Subchapter H, Chapter 411, Government Code, is | ||
outside the course and scope of the individual's duties as | ||
volunteer emergency services personnel. | ||
(d) This section may not be construed to waive the immunity | ||
from suit or liability of a governmental unit under Chapter 101 or | ||
any other law. | ||
SECTION 2. Section 411.179(c), Government Code, is amended | ||
to read as follows: | ||
(c) In adopting the form of the license under Subsection | ||
(a), the department shall establish a procedure for the license of a | ||
qualified handgun instructor or of the attorney general or a judge, | ||
justice, United States attorney, assistant United States attorney, | ||
assistant attorney general, prosecuting attorney, or assistant | ||
prosecuting attorney, as described by Section 46.15(a)(4), [ |
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(6), or (7), Penal Code, to indicate on the license the license | ||
holder's status as a qualified handgun instructor or as the | ||
attorney general or a judge, justice, United States attorney, | ||
assistant United States attorney, assistant attorney general, | ||
district attorney, criminal district attorney, or county attorney. | ||
In establishing the procedure, the department shall require | ||
sufficient documentary evidence to establish the license holder's | ||
status under this subsection. | ||
SECTION 3. Section 411.1882(a), Government Code, is amended | ||
to read as follows: | ||
(a) A person who is serving in this state as the attorney | ||
general or as a judge or justice of a federal court, as an active | ||
judicial officer as defined by Section 411.201, as a United States | ||
attorney, assistant United States attorney, assistant attorney | ||
general, district attorney, assistant district attorney, criminal | ||
district attorney, assistant criminal district attorney, county | ||
attorney, or assistant county attorney, as a supervision officer as | ||
defined by [ |
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Procedure, or as a juvenile probation officer may establish handgun | ||
proficiency for the purposes of this subchapter by obtaining from a | ||
handgun proficiency instructor approved by the Texas Commission on | ||
Law Enforcement for purposes of Section 1702.1675, Occupations | ||
Code, a sworn statement that indicates that the person, during the | ||
12-month period preceding the date of the person's application to | ||
the department, demonstrated to the instructor proficiency in the | ||
use of handguns. | ||
SECTION 4. Section 411.201(h), Government Code, is amended | ||
to read as follows: | ||
(h) The department shall issue a license to carry a handgun | ||
under the authority of this subchapter to a United States attorney | ||
or an assistant United States attorney, or to an [ |
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elected or employed to represent [ |
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prosecution of felony cases, who meets the requirements of this | ||
section for an active judicial officer. The department shall waive | ||
any fee required for the issuance of an original, duplicate, or | ||
renewed license under this subchapter for an applicant who is a | ||
United States attorney or an assistant United States attorney or | ||
who is an attorney elected or employed to represent the state in the | ||
prosecution of felony cases. | ||
SECTION 5. The heading to Section 411.209, Government Code, | ||
is amended to read as follows: | ||
Sec. 411.209. WRONGFUL EXCLUSION OF [ |
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LICENSE HOLDER. | ||
SECTION 6. Section 411.209, Government Code, is amended by | ||
amending Subsections (a) and (d) and adding Subsection (i) to read | ||
as follows: | ||
(a) Except as provided by Subsection (i), a [ |
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or a political subdivision of the state may not provide notice by a | ||
communication described by Section 30.06, Penal Code, or by any | ||
sign expressly referring to that law or to a [ |
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license to carry a handgun, that a license holder carrying a handgun | ||
under the authority of this subchapter is prohibited from entering | ||
or remaining on a premises or other place owned or leased by the | ||
governmental entity unless license holders are prohibited from | ||
carrying a handgun on the premises or other place by Section 46.03 | ||
or 46.035, Penal Code. | ||
(d) A resident [ |
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to carry a [ |
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complaint with the attorney general that a state agency or | ||
political subdivision is in violation of Subsection (a) if the | ||
resident [ |
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written notice that describes the violation and specific location | ||
of the sign found to be in violation and the agency or subdivision | ||
does not cure the violation before the end of the third business day | ||
after the date of receiving the written notice. A complaint filed | ||
under this subsection must include evidence of the violation and a | ||
copy of the written notice. | ||
(i) Subsection (a) does not apply to a written notice | ||
provided by a state hospital under Section 552.002, Health and | ||
Safety Code. | ||
SECTION 7. Subchapter A, Chapter 552, Health and Safety | ||
Code, is amended by adding Section 552.002 to read as follows: | ||
Sec. 552.002. CARRYING OF HANDGUN BY LICENSE HOLDER IN | ||
STATE HOSPITAL. (a) In this section: | ||
(1) "License holder" has the meaning assigned by | ||
Section 46.035(f), Penal Code. | ||
(2) "State hospital" means the following facilities: | ||
(A) the Austin State Hospital; | ||
(B) the Big Spring State Hospital; | ||
(C) the El Paso Psychiatric Center; | ||
(D) the Kerrville State Hospital; | ||
(E) the North Texas State Hospital; | ||
(F) the Rio Grande State Center; | ||
(G) the Rusk State Hospital; | ||
(H) the San Antonio State Hospital; | ||
(I) the Terrell State Hospital; and | ||
(J) the Waco Center for Youth. | ||
(3) "Written notice" means a sign that is posted on | ||
property and that: | ||
(A) includes in both English and Spanish written | ||
language identical to the following: "Pursuant to Section 552.002, | ||
Health and Safety Code (carrying of handgun by license holder in | ||
state hospital), a person licensed under Subchapter H, Chapter 411, | ||
Government Code (handgun licensing law), may not enter this | ||
property with a handgun"; | ||
(B) appears in contrasting colors with block | ||
letters at least one inch in height; and | ||
(C) is displayed in a conspicuous manner clearly | ||
visible to the public at each entrance to the property. | ||
(b) A state hospital may prohibit a license holder from | ||
carrying a handgun under the authority of Subchapter H, Chapter | ||
411, Government Code, on the property of the hospital by providing | ||
written notice. | ||
(c) A license holder who carries a handgun under the | ||
authority of Subchapter H, Chapter 411, Government Code, on the | ||
property of a state hospital at which written notice is provided is | ||
liable for a civil penalty in the amount of: | ||
(1) $100 for the first violation; or | ||
(2) $500 for the second or subsequent violation. | ||
(d) The attorney general or an appropriate prosecuting | ||
attorney may sue to collect a civil penalty under this section. | ||
SECTION 8. Section 30.06, Penal Code, is amended by adding | ||
Subsection (f) to read as follows: | ||
(f) It is a defense to prosecution under this section that | ||
the license holder is volunteer emergency services personnel, as | ||
defined by Section 46.01. | ||
SECTION 9. Section 30.07, Penal Code, is amended by adding | ||
Subsection (g) to read as follows: | ||
(g) It is a defense to prosecution under this section that | ||
the license holder is volunteer emergency services personnel, as | ||
defined by Section 46.01. | ||
SECTION 10. Section 46.01, Penal Code, is amended by adding | ||
Subdivision (18) to read as follows: | ||
(18) "Volunteer emergency services personnel" | ||
includes a volunteer firefighter, an emergency medical services | ||
volunteer as defined by Section 773.003, Health and Safety Code, | ||
and any individual who, as a volunteer, provides services for the | ||
benefit of the general public during emergency situations. The | ||
term does not include a peace officer or reserve law enforcement | ||
officer, as those terms are defined by Section 1701.001, | ||
Occupations Code, who is performing law enforcement duties. | ||
SECTION 11. 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) [ |
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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; or | ||
(3) the attorney general or a United States attorney, | ||
assistant United States attorney, assistant attorney general, | ||
district attorney, assistant district attorney, criminal district | ||
attorney, assistant criminal district attorney, county attorney, | ||
or assistant county attorney. | ||
SECTION 12. Section 46.035, Penal Code, is amended by | ||
adding Subsection (m) to read as follows: | ||
(m) It is a defense to prosecution under Subsections (b) and | ||
(c) that the actor is volunteer emergency services personnel | ||
engaged in providing emergency services. | ||
SECTION 13. 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) 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; | ||
[ |
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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 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. | ||
SECTION 14. The changes in law made by this Act to Sections | ||
30.06 and 30.07 and Chapter 46, Penal Code, apply 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 15. To the extent of any conflict, this Act prevails | ||
over another Act of the 85th Legislature, Regular Session, 2017, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 16. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 435 was passed by the House on May 3, | ||
2017, by the following vote: Yeas 144, Nays 2, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 435 on May 26, 2017, by the following vote: Yeas 136, Nays 9, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 435 was passed by the Senate, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 28, Nays | ||
3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |