By: Huffines S.B. No. 1684

(In the Senate - Filed March 13, 2015; March 23, 2015, read first time and referred to Committee on State Affairs; May 21, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 1; May 21, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1684 By: Huffman

A BILL TO BE ENTITLED

AN ACT

relating to authorizing certain first responders to carry a concealed handgun while on duty and to the prosecution of certain related criminal offenses; providing for a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.179(a), Government Code, as amended by Chapters 396 (S.B. 164) and 1302 (H.B. 3142), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a) The department by rule shall adopt the form of the license. A license must include:

(1) a number assigned to the license holder by the department;

(2) a statement of the period for which the license is effective;

(3) a color photograph of the license holder;

(4) the license holder's full name, date of birth, hair and eye color, height, weight, and signature;

(5) the license holder's residence address or, as provided by Subsection (d), the street address of the courthouse in which the license holder or license holder's spouse serves as a federal judge or the license holder serves as a state judge;

(6) the number of a driver's license or an identification certificate issued to the license holder by the department; [and]

(7) [(8)] the designation "VETERAN" if required under Subsection (e); and

(8) a designation for an on-duty first responder to carry a concealed handgun, if the license holder received that designation under Section 411.184.

SECTION 2. Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.184 to read as follows:

Sec. 411.184. ON-DUTY FIRST RESPONDER DESIGNATION. (a) In this section, "first responder" means a public safety employee or volunteer whose duties include responding rapidly to an emergency. The term includes fire protection personnel, including volunteer firefighters, and emergency medical services personnel, including emergency medical services volunteers, but does not include commissioned law enforcement personnel.

(b) A first responder is eligible for an on-duty first responder designation on the first responder's license to carry a concealed handgun under this subchapter if the first responder submits to the department:

(1) on a form provided by the department, a completed application for the designation;

(2) evidence that the license holder:

(A) is a first responder; and

(B) has successfully completed a course described by Subsection (d); and

(3) the fee set by the director under Subsection (c).

(c) The director by rule shall:

(1) adopt an application form to be used to apply for a designation under this section; and

(2) set a fee in an amount sufficient to cover the cost of issuing licenses bearing a designation under this section.

(d) The director by rule shall establish minimum standards for a training course for license holders seeking an on-duty first responder designation, to be taken at the license holders' expense. The training course must:

(1) be administered by a qualified handgun instructor;

(2) include not less than 40 hours of instruction;

(3) provide classroom training in:

(A) de-escalation techniques;

(B) tactical thinking relating to cover for and concealment of the license holder and the handgun; and

(C) consequences of improper use of a handgun;

(4) provide field instruction in the use of handguns, including:

(A) instinctive or reactive shooting;

(B) tactical shooting;

(C) shooting while moving; and

(D) shooting in low light conditions; and

(5) require physical demonstrations of proficiency in techniques learned in training.

(e) The department may grant a designation under this section to a license holder who meets all the eligibility requirements and submits the required application materials and fee under Subsection (b). Not later than the 60th day after the date of receipt of the application materials and fee, the department shall issue the license with the designation or notify the license holder in writing that the application for the designation was denied.

(f) On receipt of a license with a designation under this section, the license holder shall return to the department any license that was previously issued to the license holder.

(g) A license holder whose fee to apply for a designation under this section is dishonored or reversed may reapply for the designation at any time, provided the fee and an additional charge of $25 are paid by cashier's check or money order made payable to the "Texas Department of Public Safety."

(h) A license holder who becomes ineligible for the designation under this section because the license holder is no longer employed or volunteering as a first responder promptly shall notify the department. Not later than the 30th day after the date of receipt of the notice, the department shall issue a license without the designation to the license holder. A license holder who is no longer eligible for a designation under this section:

(1) is not entitled to carry a concealed handgun in a location in which the license holder was allowed to carry the handgun only by virtue of the designation; and

(2) on receipt of the license without the designation, promptly shall return the license with the designation to the department.

(i) A designation under this section does not limit the right of a first responder to carry a handgun or other weapon under other law.

(j) The director by rule shall approve devices to enable a first responder to secure a handgun if the first responder, while on duty, is required to enter a location where carrying the handgun is prohibited by federal law or otherwise.

(k) A governmental entity that employs or otherwise supervises first responders may not adopt a rule or regulation that prohibits a first responder who holds a license bearing a designation under this section from:

(1) carrying a concealed handgun while on duty; or

(2) storing a handgun on the premises of or in a vehicle owned or operated by the governmental entity if the handgun is secured with a device approved by the department under Subsection (j).

(l) This section does not create a cause of action or liability.

(m) A governmental entity that employs or otherwise supervises first responders is not liable in a civil action arising from the discharge of a handgun by a first responder who is licensed to carry a concealed handgun under this subchapter.

(n) The discharge of a handgun by a first responder who is licensed to carry a concealed handgun under this subchapter is outside the course and scope of the first responder's duties.

(o) This section may not be construed to waive the immunity from suit or liability of a governmental entity that employs or otherwise supervises first responders under Chapter 101, Civil Practice and Remedies Code, or any other law.

SECTION 3. 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) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney; or

(4) a first responder who:

(A) is carrying a concealed handgun and holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, that bears an on-duty first responder designation under Section 411.184 of that code; and

(B) is engaged in the actual discharge of the first responder's duties while carrying the concealed handgun.

SECTION 4. 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 concealed 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 concealed 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 concealed 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 concealed handgun under 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 first responder who:

(A) is carrying a concealed handgun and holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, that bears an on-duty first responder designation under Section 411.184 of that code; and

(B) is engaged in the actual discharge of the first responder's duties while carrying the concealed handgun.

SECTION 5. The public safety director of the Department of Public Safety shall adopt the rules necessary to implement Section 411.184, Government Code, as added by this Act, not later than December 1, 2015.

SECTION 6. (a) A qualified handgun instructor may not offer the training course described by Section 411.184(d), Government Code, as added by this Act, before January 1, 2016.

(b) The Department of Public Safety may not accept an application for or grant a designation under Section 411.184, Government Code, as added by this Act, before January 1, 2016.

SECTION 7. The change in law made by this Act in amending Sections 46.035 and 46.15, Penal Code, applies only to an offense committed on or after January 1, 2016. An offense committed before January 1, 2016, is governed by the law in effect on the date 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 January 1, 2016, if any element of the offense occurred before that date.

SECTION 8. To the extent of any conflict, this Act prevails over another Act of the 84th Legislature, Regular Session, 2015, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 9. This Act takes effect September 1, 2015.

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