BILL ANALYSIS |
H.B. 5014 |
By: Isaac |
Homeland Security, Public Safety & Veterans' Affairs |
Committee Report (Unamended) |
BACKGROUND AND PURPOSE
The bill author has informed the committee that Texas is home to approximately 10,000 special forces veterans, an elite group of trained, vetted, and trusted individuals who play a critical role in dismantling human trafficking networks and protecting our communities. However, the bill author has also informed the committee that current state law fails to acknowledge their unique qualifications in areas such as the carrying of firearms, armed security, and private investigations. Furthermore, the bill author has also informed the committee that, while special forces veterans often protect our communities from the dangers of human trafficking, they do so at great personal and legal risk, and existing firearm and private security laws, which were written without consideration for these uniquely skilled individuals, often place unnecessary burdens on special forces veterans who are already working tirelessly to safeguard our communities. H.B. 5014 seeks to amend provisions of state law relating to concealed handguns, private security, and criminal offenses to enable qualified special forces veterans to fully utilize their expertise for the safety and security of Texas communities.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the public safety director of the Department of Public Safety in SECTION 3 of this bill.
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ANALYSIS
H.B. 5014 amends the Government Code to require the Department of Public Safety (DPS) to include the designation "SPECIAL FORCES VETERAN" on the face of any original, duplicate, modified, or renewed handgun license or on the reverse side of the license, as determined by DPS, if the license is issued to a special forces veteran who requests the designation and provides to DPS sufficient proof of the veteran's military service and honorable discharge and the veteran's eligibility under these provisions. The bill defines "special forces veteran" as a person who: · is a veteran, as defined by statutory provisions relating to the wavier or reduction of handgun license fees for members or veterans of the U.S. armed forces; and · served for a period of at least 12 consecutive months in one or more of the following positions at the enlisted pay grade of E5-E9, at the warrant officer pay grade of W1-W5, or at the commissioned officer pay grade O1-O10: o U.S. Army Special Forces as: § a detachment commander (18A); § a detachment warrant officer (180A); § a weapons sergeant (18B); § an engineer sergeant (18C); § a medical sergeant (18D); § a communications sergeant (18E); § an intelligence sergeant (18F); or § an operations sergeant (18Z); o U.S. Army 75th Ranger Regiment as: § a commissioned officer who served as an infantry officer (11A); or § a noncommissioned officer or enlisted member who served as: · an infantryman (11B); · an indirect fire infantryman (11C); or · a combat medic specialist (68W); o U.S. Navy SEAL as: § an active duty officer qualified in special warfare (1130); or § an enlisted member who served as a special warfare operator (5326); o U.S. Marine Corps as: § a scout sniper (0317, previously 8541); § a reconnaissance marine (0321); § a sniper qualified reconnaissance marine (0322); § a parachute and combatant diver qualified reconnaissance marine (0326, previously 8654); § a special operations officer (0370); or § a critical skills operator (0372); or o U.S. Air Force as: § an enlisted member who served in combat control (1Z2X1); or § an enlisted member who served in pararescue (1T2X1). The bill requires the public safety director of DPS to adopt the rules necessary to implement these provisions not later than December 1, 2025.
H.B. 5014 requires the handgun license application to provide space for the applicant to list a special forces veteran designation under the bill's provisions and include proof required by DPS to determine the applicant's eligibility to receive that designation. The bill also includes the special forces veteran designation for which an applicable handgun license holder has established eligibility under the bill's provisions among the information that must be included on a handgun license.
H.B. 5014 amends the Occupations Code to exempt the following from the applicability of the Private Security Act: · a person who holds a handgun license that bears the special forces veteran designation under the bill's provisions; or · a charitable, nonprofit organization that: o provides services only in furtherance of its mission; o is a 501(c)(3) tax-exempt organization; and o is managed by a person who holds a handgun license that bears the special forces veteran designation under the bill's provisions.
H.B. 5014 amends the Penal Code to exempt a person who is carrying a handgun and holds a handgun license that bears the special forces veteran designation under the bill's provisions from the application of the offenses of unlawful carrying of a weapon and of possessing or going with certain weapons in a place where weapons are prohibited. This exemption applies only to an offense committed on or after January 1, 2026. An offense committed before January 1, 2026, 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 these purposes, an offense was committed before January 1, 2026, if any element of the offense occurred before that date.
H.B. 5014 prohibits DPS from accepting an application for or granting a special forces veteran designation under the bill's provisions before January 1, 2026.
H.B. 5014 establishes that, to the extent of any conflict, the bill prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.
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EFFECTIVE DATE
September 1, 2025.
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