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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 certain first responders |
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and volunteer emergency services personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 112 to read as follows: |
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CHAPTER 112. LIMITATION OF LIABILITY FOR GOVERNMENTAL UNITS |
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Sec. 112.001. CERTAIN ACTIONS OF VOLUNTEER EMERGENCY |
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SERVICES PERSONNEL. (a) In this section: |
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(1) "Governmental unit" has the meaning assigned by |
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Section 101.001. |
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(2) "Volunteer emergency services personnel" includes |
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a volunteer firefighter, an emergency medical services volunteer as |
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defined by Section 773.003, Health and Safety Code, and an |
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individual who, as a volunteer, provides services for the benefit |
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of the general public during emergency situations. |
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(b) A governmental unit is not liable in a civil action |
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arising from the discharge of a handgun by an individual who is |
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volunteer emergency services personnel and licensed to carry a |
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handgun under Subchapter H, Chapter 411, Government Code. |
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(c) The discharge of a handgun by an individual who is |
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volunteer emergency services personnel and licensed to carry a |
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handgun under Subchapter H, Chapter 411, Government Code, is |
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outside the course and scope of the individual's duties as |
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volunteer emergency services personnel. |
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(d) This section may not be construed to waive the immunity |
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from suit or liability of a governmental unit under Chapter 101 or |
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any other law. |
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SECTION 2. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.184 to read as follows: |
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Sec. 411.184. ON-DUTY FIRST RESPONDER TRAINING COURSE. |
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(a) In this section, "first responder" means a public safety |
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employee 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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(b) The director by rule shall establish minimum standards |
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for a training course that a first responder who is a license holder |
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must complete before the first responder may carry a concealed |
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handgun while on duty. The training course must: |
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(1) be administered by a qualified handgun instructor; |
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(2) include not more than 20 hours of instruction; |
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(3) provide classroom training in: |
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(A) self-defense; |
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(B) de-escalation techniques; |
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(C) tactical thinking relating to cover for and |
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concealment of the license holder; |
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(D) methods to conceal a handgun and methods to |
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ensure the secure carrying of the concealed handgun; and |
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(E) consequences of improper use of a handgun; |
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(4) provide field instruction in the use of handguns, |
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including: |
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(A) instinctive or reactive shooting; |
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(B) tactical shooting; |
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(C) shooting while moving; and |
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(D) shooting in low light conditions; |
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(5) require physical demonstrations of proficiency in |
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techniques learned in training; and |
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(6) provide procedures for securing a handgun if the |
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first responder, while on duty, is required to enter a location |
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where carrying the handgun is prohibited by federal law or |
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otherwise. |
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(c) A first responder is responsible for paying to the |
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course provider the costs of the training course under this |
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section. |
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(d) The director by rule shall approve devices to enable a |
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first responder to secure a handgun if the first responder, while on |
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duty, is required to enter a location where carrying the handgun is |
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prohibited by federal law or otherwise. |
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(e) The department shall issue a certificate of completion |
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to a first responder who completes the training course described by |
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Subsection (b). |
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(f) A governmental entity that employs or otherwise |
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supervises first responders may not adopt a rule or regulation that |
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prohibits a first responder who holds a license to carry a handgun |
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under this subchapter and who has received a certificate of |
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completion from the department under Subsection (e) from: |
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(1) carrying a concealed handgun while on duty; or |
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(2) storing a handgun on the premises of or in a |
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vehicle owned or operated by the governmental entity if the handgun |
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is secured with a device approved by the department under |
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Subsection (d). |
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(g) A first responder may discharge a handgun while on duty |
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only in self-defense. |
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(h) This section does not create a cause of action or |
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liability. |
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(i) A governmental entity that employs or otherwise |
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supervises first responders is not liable in a civil action arising |
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from the discharge of a handgun by a first responder who is licensed |
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to carry a handgun under this subchapter. |
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(j) The discharge of a handgun by a first responder who is |
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licensed to carry a handgun under this subchapter is outside the |
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course and scope of the first responder's duties. |
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(k) This section may not be construed to waive the immunity |
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from suit or liability of a governmental entity that employs or |
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otherwise supervises first responders under Chapter 101, Civil |
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Practice and Remedies Code, or any other law. |
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SECTION 3. 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 concealed handgun and held a |
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license to carry a handgun under Subchapter H, Chapter 411, |
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Government Code; |
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(B) has received a certificate of completion for |
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a training course under Section 411.184, Government Code; and |
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(C) 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 4. 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 who: |
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(A) is carrying a concealed handgun and holds a |
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license to carry a handgun under Subchapter H, Chapter 411, |
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Government Code; |
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(B) has received a certificate of completion for |
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a training course under Section 411.184, Government Code; and |
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(C) 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 5. The public safety director of the Department of |
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Public Safety shall adopt the rules necessary to implement Section |
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411.184, Government Code, as added by this Act, not later than |
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December 1, 2017. |
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SECTION 6. A qualified handgun instructor may not offer the |
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training course described by Section 411.184(b), Government Code, |
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as added by this Act, before January 1, 2018. |
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SECTION 7. Chapter 112, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. A cause of action that |
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accrued before the effective date of this Act is governed by the law |
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applicable to the cause of action immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 8. The change in law made by this Act in amending |
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Sections 46.035 and 46.15, Penal Code, applies only to an offense |
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committed on or after January 1, 2018. An offense committed before |
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January 1, 2018, is governed by the law in effect on the date the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before January 1, 2018, if any element of the offense |
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occurred before that date. |
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SECTION 9. This Act takes effect September 1, 2017. |
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* * * * * |