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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 87(R)

House Bill 1069

House Author:  Harris et al.

Effective:  9-1-21

Senate Sponsor:  Birdwell et al.


            House Bill 1069 amends the Civil Practice and Remedies Code, Government Code, Local Government Code, and Penal Code to set out provisions relating to the carrying of a handgun by certain first responders employed or supervised by or providing services for certain municipalities and counties that have not adopted The Fire and Police Employee Relations Act. The bill requires the Department of Public Safety (DPS) to establish minimum standards for training and continuing education courses for applicable first responders who are handgun license holders and to issue a corresponding certificate upon their completion of the course. The bill provides for the authority of the first responders to carry a concealed or holstered handgun while on duty and to store a handgun on the premises of or in a vehicle owned or leased by the municipality or county. The bill requires the first responders to maintain liability insurance coverage for carrying a handgun that is not an essential part of their duties while on duty and sets out provisions relating to when the handgun may be discharged, the limited liability of municipalities and counties arising from that discharge, and handgun storage in locations where handgun carry is prohibited.

House Bill 1069 establishes a defense to prosecution for trespass by a handgun license holder with a handgun for these DPS‑certified first responders who were engaged in the actual discharge of their duties while carrying the handgun and exempts them from certain unlawful weapon carry offenses under certain circumstances.