Bill Text: TX HB435 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
85R424 SCL/AJZ-D | ||
By: King of Hemphill | H.B. No. 435 |
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relating to the application of certain weapons laws to and | ||
liability for certain actions of volunteer emergency services | ||
personnel licensed to carry a handgun. | ||
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 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 3. 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 4. 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 5. 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 6. 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; | ||
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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 7. 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 8. This Act takes effect September 1, 2017. |