85R11674 JSC-D     By: Bohac H.B. No. 2735       A BILL TO BE ENTITLED   AN ACT   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; [and]                (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) [(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,   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;   [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 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.