By: Huffines S.B. No. 1408     A BILL TO BE ENTITLED   AN ACT   relating to the carrying of a handgun by certain first responders   and volunteer emergency services personnel.          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" includes   a volunteer firefighter, an emergency medical services volunteer as   defined by Section 773.003, Health and Safety Code, and an   individual who, as a volunteer, provides services for the benefit   of the general public during emergency situations.          (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 a   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 a   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.  Subchapter H, Chapter 411, Government Code, is   amended by adding Section 411.184 to read as follows:          Sec. 411.184.  ON-DUTY FIRST RESPONDER TRAINING COURSE.   (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)  The director by rule shall establish minimum standards   for a training course that a first responder who is a license holder   may complete to receive a certification of completion from the   department under this section. The training course must:                (1)  be administered by a qualified handgun instructor;                (2)  include not more than 20 hours of instruction;                (3)  provide classroom training in:                      (A)  self-defense;                      (B)  de-escalation techniques;                      (C)  tactical thinking relating to cover for and   concealment of the license holder;                      (D)  methods to conceal a handgun and methods to   ensure the secure carrying of the concealed handgun; and                      (E)  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;                (5)  require physical demonstrations of proficiency in   techniques learned in training; and                (6)  provide procedures for securing 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.          (c)  A first responder is responsible for paying to the   course provider the costs of the training course under this   section.          (d)  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.          (e)  The department shall issue a certificate of completion   to a first responder who completes the training course described by   Subsection (b).          (f)  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 to carry a handgun   under this subchapter and who has received a certificate of   completion from the department under Subsection (e) from:                (1)  carrying a concealed 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 (d).          (g)  A first responder may discharge a handgun while on duty   only in self-defense.          (h)  This section does not create a cause of action or   liability.          (i)  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.          (j)  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.          (k)  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) [(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 concealed handgun and held a   license to carry a handgun under Subchapter H, Chapter 411,   Government Code;                      (B)  has received a certificate of completion for   a training course under Section 411.184, Government Code; and                      (C)  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;   [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 who:                      (A)  is carrying a concealed handgun and holds a   license to carry a handgun under Subchapter H, Chapter 411,   Government Code;                      (B)  has received a certificate of completion for   a training course under Section 411.184, Government Code; and                      (C)  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 qualified handgun instructor may not offer the   training course described by Section 411.184(b), Government Code,   as added by this Act, before January 1, 2018.          SECTION 7.  Chapter 112, Civil Practice and Remedies Code,   as added by this Act, applies only to a cause of action that accrues   on or after the effective date of this Act. A cause of action that   accrued before the effective date of this Act is governed by the law   applicable to the cause of action immediately before the effective   date of this Act, and that law is continued in effect for that   purpose.          SECTION 8.  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 9.  This Act takes effect September 1, 2017.