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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of a handgun by a first responder engaged |
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in the actual discharge of the first responder's duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 180, Local Government Code, is amended |
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by adding Section 180.008 to read as follows: |
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Sec. 180.008. CARRYING OF HANDGUN BY CERTAIN FIRST |
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RESPONDERS. (a) In this section, "first responder" has the meaning |
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assigned by Section 46.035(f), Penal Code. |
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(b) A political subdivision that employs or supervises a |
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first responder may not prohibit a first responder who holds a |
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license to carry a handgun under Subchapter H, Chapter 411, |
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Government Code, from carrying a handgun in the actual discharge of |
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the first responder's duties. |
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SECTION 2. Section 30.06(c)(2), Penal Code, is amended to |
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read as follows: |
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(2) "First responder" and "license ["License] holder" |
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have [has] the meanings [meaning] assigned by Section 46.035(f). |
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SECTION 3. Section 30.06, Penal Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) It is an exception to the application of this section |
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that the license holder was a first responder engaged in the actual |
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discharge of the first responder's duties. |
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SECTION 4. Section 30.07(c)(2), Penal Code, is amended to |
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read as follows: |
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(2) "First responder" and "license ["License] holder" |
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have [has] the meanings [meaning] assigned by Section 46.035(f). |
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SECTION 5. Section 30.07, Penal Code, is amended by adding |
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Subsection (g) to read as follows: |
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(g) It is an exception to the application of this section |
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that the license holder was a first responder engaged in the actual |
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discharge of the first responder's duties. |
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SECTION 6. Section 46.035(f), Penal Code, is amended by |
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adding Subdivision (4) to read as follows: |
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(4) "First responder" means a public safety employee |
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or volunteer whose duties include responding rapidly to an |
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emergency. The term includes fire protection personnel, including |
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volunteer firefighters, and emergency medical services personnel, |
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including emergency medical services volunteers. The term does not |
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include commissioned law enforcement personnel. |
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SECTION 7. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(h-1) It is a defense to prosecution under Subsections |
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(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time |
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of the commission of the offense, the actor was: |
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(1) a judge or justice of a federal court; |
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(2) an active judicial officer, as defined by Section |
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411.201, Government Code; [or] |
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(3) a district attorney, assistant district attorney, |
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criminal district attorney, assistant criminal district attorney, |
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county attorney, or assistant county attorney; or |
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(4) a first responder who: |
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(A) was carrying a handgun and held a license to |
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carry a handgun under Subchapter H, Chapter 411, Government Code; |
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and |
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(B) was engaged in the actual discharge of the |
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first responder's duties while carrying the handgun. |
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SECTION 8. Section 46.15(a), Penal Code, is amended to read |
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as follows: |
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(a) Sections 46.02 and 46.03 do not apply to: |
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(1) peace officers or special investigators under |
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Article 2.122, Code of Criminal Procedure, and neither section |
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prohibits a peace officer or special investigator from carrying a |
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weapon in this state, including in an establishment in this state |
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serving the public, regardless of whether the peace officer or |
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special investigator is engaged in the actual discharge of the |
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officer's or investigator's duties while carrying the weapon; |
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(2) parole officers and neither section prohibits an |
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officer from carrying a weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) in compliance with policies and procedures |
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adopted by the Texas Department of Criminal Justice regarding the |
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possession of a weapon by an officer while on duty; |
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(3) community supervision and corrections department |
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officers appointed or employed under Section 76.004, Government |
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Code, and neither section prohibits an officer from carrying a |
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weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) authorized to carry a weapon under Section |
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76.0051, Government Code; |
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(4) an active judicial officer as defined by Section |
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411.201, Government Code, who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(5) an honorably retired peace officer, qualified |
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retired law enforcement officer, federal criminal investigator, or |
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former reserve law enforcement officer who holds a certificate of |
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proficiency issued under Section 1701.357, Occupations Code, and is |
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carrying a photo identification that is issued by a federal, state, |
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or local law enforcement agency, as applicable, and that verifies |
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that the officer is: |
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(A) an honorably retired peace officer; |
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(B) a qualified retired law enforcement officer; |
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(C) a federal criminal investigator; or |
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(D) a former reserve law enforcement officer who |
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has served in that capacity not less than a total of 15 years with |
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one or more state or local law enforcement agencies; |
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(6) a district attorney, criminal district attorney, |
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county attorney, or municipal attorney who is licensed to carry a |
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handgun under Subchapter H, Chapter 411, Government Code; |
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(7) an assistant district attorney, assistant |
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criminal district attorney, or assistant county attorney who is |
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licensed to carry a handgun under Subchapter H, Chapter 411, |
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Government Code; |
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(8) a bailiff designated by an active judicial officer |
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as defined by Section 411.201, Government Code, who is: |
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(A) licensed to carry a handgun under Subchapter |
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H, Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer; |
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[or] |
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(9) a juvenile probation officer who is authorized to |
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carry a firearm under Section 142.006, Human Resources Code; or |
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(10) a first responder, as defined by Section |
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46.035(f), who: |
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(A) is carrying a handgun and holds a license to |
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carry a handgun under Subchapter H, Chapter 411, Government Code; |
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and |
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(B) is engaged in the actual discharge of the |
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first responder's duties while carrying the handgun. |
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SECTION 9. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 10. This Act takes effect September 1, 2017. |