H.B. No. 435         AN ACT       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), [or]   (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 [Section 2,] Article 42A.001 [42.12], Code of Criminal   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 [elected] attorney   elected or employed to represent [representing] the state in the   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 [CONCEALED] HANDGUN   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 [A] state agency   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 [concealed handgun]   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 [citizen] of this state or a person licensed   to carry a [concealed] handgun under this subchapter may file a   complaint with the attorney general that a state agency or   political subdivision is in violation of Subsection (a) if the   resident [citizen] or person provides the agency or subdivision a   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) [(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)  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;   [or]                (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