By: King of Hemphill, et al. (Senate Sponsor - Perry) H.B. No. 435          (In the Senate - Received from the House May 3, 2017;   May 12, 2017, read first time and referred to Committee on State   Affairs; May 18, 2017, reported favorably by the following vote:     Yeas 9, Nays 0; May 18, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     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;   [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 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.     * * * * *