85R8414 JSC-D
 
  By: Huffines S.B. No. 1408
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying of a handgun by certain first responders
  and volunteer emergency services personnel.
         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" includes
  a volunteer firefighter, an emergency medical services volunteer as
  defined by Section 773.003, Health and Safety Code, and an
  individual who, as a volunteer, provides services for the benefit
  of the general public during emergency situations.
         (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 a
  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 a
  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.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.184 to read as follows:
         Sec. 411.184.  ON-DUTY FIRST RESPONDER TRAINING COURSE. (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. The term does not
  include commissioned law enforcement personnel.
         (b)  The director by rule shall establish minimum standards
  for a training course that a first responder who is a license holder
  must complete before the first responder may carry a concealed
  handgun while on duty. The training course must:
               (1)  be administered by a qualified handgun instructor;
               (2)  include not more than 20 hours of instruction;
               (3)  provide classroom training in:
                     (A)  self-defense;
                     (B)  de-escalation techniques;
                     (C)  tactical thinking relating to cover for and
  concealment of the license holder;
                     (D)  methods to conceal a handgun and methods to
  ensure the secure carrying of the concealed handgun; and
                     (E)  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;
               (5)  require physical demonstrations of proficiency in
  techniques learned in training; and
               (6)  provide procedures for securing 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.
         (c)  A first responder is responsible for paying to the
  course provider the costs of the training course under this
  section.
         (d)  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.
         (e)  The department shall issue a certificate of completion
  to a first responder who completes the training course described by
  Subsection (b).
         (f)  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 to carry a handgun
  under this subchapter and who has received a certificate of
  completion from the department under Subsection (e) 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 (d).
         (g)  A first responder may discharge a handgun while on duty
  only in self-defense.
         (h)  This section does not create a cause of action or
  liability.
         (i)  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 handgun under this subchapter.
         (j)  The discharge of a handgun by a first responder who is
  licensed to carry a handgun under this subchapter is outside the
  course and scope of the first responder's duties.
         (k)  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)  was carrying a concealed handgun and held a
  license to carry a handgun under Subchapter H, Chapter 411,
  Government Code;
                     (B)  has received a certificate of completion for
  a training course under Section 411.184, Government Code; and
                     (C)  was engaged in the actual discharge of the
  first responder's duties while carrying the 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 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 first responder who:
                     (A)  is carrying a concealed handgun and holds a
  license to carry a handgun under Subchapter H, Chapter 411,
  Government Code;
                     (B)  has received a certificate of completion for
  a training course under Section 411.184, Government Code; and
                     (C)  is engaged in the actual discharge of the
  first responder's duties while carrying the 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, 2017.
         SECTION 6.  A qualified handgun instructor may not offer the
  training course described by Section 411.184(b), Government Code,
  as added by this Act, before January 1, 2018.
         SECTION 7.  Chapter 112, Civil Practice and Remedies Code,
  as added by this Act, applies only to a cause of action that accrues
  on or after the effective date of this Act. A cause of action that
  accrued before the effective date of this Act is governed by the law
  applicable to the cause of action immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 8.  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, 2018.  An offense committed before
  January 1, 2018, 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, 2018, if any element of the offense
  occurred before that date.
         SECTION 9.  This Act takes effect September 1, 2017.