Bill Text: TX HB982 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the carrying of a handgun by a first responder engaged in the actual discharge of the first responder's duties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-02-27 - Referred to Homeland Security & Public Safety [HB982 Detail]

Download: Texas-2017-HB982-Introduced.html
  85R2919 JSC-D
 
  By: Wray H.B. No. 982
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying of a handgun by a first responder engaged
  in the actual discharge of the first responder's duties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 180, Local Government Code, is amended
  by adding Section 180.008 to read as follows:
         Sec. 180.008.  CARRYING OF HANDGUN BY CERTAIN FIRST
  RESPONDERS. (a)  In this section, "first responder" has the meaning
  assigned by Section 46.035(f), Penal Code.
         (b)  A political subdivision that employs or supervises a
  first responder may not prohibit a first responder who holds a
  license to carry a handgun under Subchapter H, Chapter 411,
  Government Code, from carrying a handgun in the actual discharge of
  the first responder's duties.
         SECTION 2.  Section 30.06(c)(2), Penal Code, is amended to
  read as follows:
               (2)  "First responder" and "license ["License] holder"
  have [has] the meanings [meaning] assigned by Section 46.035(f).
         SECTION 3.  Section 30.06, Penal Code, is amended by adding
  Subsection (f) to read as follows:
         (f)  It is an exception to the application of this section
  that the license holder was a first responder engaged in the actual
  discharge of the first responder's duties.
         SECTION 4.  Section 30.07(c)(2), Penal Code, is amended to
  read as follows:
               (2)  "First responder" and "license ["License] holder"
  have [has] the meanings [meaning] assigned by Section 46.035(f).
         SECTION 5.  Section 30.07, Penal Code, is amended by adding
  Subsection (g) to read as follows:
         (g)  It is an exception to the application of this section
  that the license holder was a first responder engaged in the actual
  discharge of the first responder's duties.
         SECTION 6.  Section 46.035(f), Penal Code, is amended by
  adding Subdivision (4) to read as follows:
               (4)  "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.
         SECTION 7.  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) [(4)-(6),] and (c) that at the time
  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)  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;
  and
                     (B)  was engaged in the actual discharge of the
  first responder's duties while carrying the handgun.
         SECTION 8.  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;
  [or]
               (9)  a juvenile probation officer who is authorized to
  carry a firearm under Section 142.006, Human Resources Code; or
               (10)  a first responder, as defined by Section
  46.035(f), who:
                     (A)  is carrying a handgun and holds a license to
  carry a handgun under Subchapter H, Chapter 411, Government Code;
  and
                     (B)  is engaged in the actual discharge of the
  first responder's duties while carrying the handgun.
         SECTION 9.  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 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 the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 10.  This Act takes effect September 1, 2017.
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