89R16131 JSC-F

By: Isaac, Louderback, et al. H.B. No. 5014

A BILL TO BE ENTITLED

AN ACT

relating to the rights of special forces veterans who hold a license to carry a handgun.

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

SECTION 1. Section 411.174(b-1), Government Code, is amended to read as follows:

(b-1) The application must provide space for the applicant to:

(1) list any military service that may qualify the applicant to receive a license with a veteran's designation under Section 411.179(e) or a special forces veterans designation under Section 411.1845; and

(2) include proof required by the department to determine the applicant's eligibility to receive the applicable [that] designation.

SECTION 2. Section 411.179(a), Government Code, is 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 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 or parent 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;

(7) the designation "VETERAN" if required under Subsection (e);

(8) any at-risk designation for which the license holder has established eligibility under Section 411.184; [and]

(9) if applicable, a protective order designation under Section 411.1735; and

(10) the designation "SPECIAL FORCES VETERAN" for which the license holder has established eligibility under Section 411.1845.

SECTION 3. Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.1845 to read as follows:

Sec. 411.1845. SPECIAL FORCES VETERAN DESIGNATION. (a) In this section, "special forces veteran" means a person who:

(1) is a veteran, as defined by Section 411.1951; and

(2) 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:

(A) United States Army Special Forces as:

(i) a detachment commander (18A);

(ii) a detachment warrant officer (180A);

(iii) a weapons sergeant (18B);

(iv) an engineer sergeant (18C);

(v) a medical sergeant (18D);

(vi) a communications sergeant (18E);

(vii) an intelligence sergeant (18F); or

(viii) an operations sergeant (18Z);

(B) United States Army 75th Ranger Regiment as:

(i) a commissioned officer who served as an infantry officer (11A); or

(ii) a noncommissioned officer or enlisted member who served as:

(a) an infantryman (11B);

(b) an indirect fire infantryman (11C); or

(c) a combat medic specialist (68W);

(C) United States Navy SEAL as:

(i) an active duty officer qualified in special warfare (1130); or

(ii) an enlisted member who served as a special warfare operator (5326);

(D) United States Marine Corps as:

(i) a scout sniper (0317, previously 8541);

(ii) a reconnaissance marine (0321);

(iii) a sniper qualified reconnaissance marine (0322);

(iv) a parachute and combatant diver qualified reconnaissance marine (0326, previously 8654);

(v) a special operations officer (0370); or

(vi) a critical skills operator (0372); or

(E) United States Air Force as:

(i) an enlisted member who served in combat control (1Z2X1); or

(ii) an enlisted member who served in pararescue (1T2X1).

(b) The department shall include the designation "SPECIAL FORCES VETERAN" on the face of any original, duplicate, modified, or renewed license under this subchapter or on the reverse side of the license, as determined by the department, if the license is issued to a special forces veteran who:

(1) requests the designation; and

(2) provides to the department sufficient proof of the veteran's military service and honorable discharge and the veteran's eligibility under this section.

(c) The director shall adopt rules to implement this section.

SECTION 4. Subchapter N, Chapter 1702, Occupations Code, is amended by adding Section 1702.334 to read as follows:

Sec. 1702.334. SPECIAL FORCES VETERANS. This chapter does not apply to:

(1) a person who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, that bears the special forces veteran designation under Section 411.1845 of that code; or

(2) a charitable, nonprofit organization that:

(A) provides services only in furtherance of its mission;

(B) is exempt from the payment of federal income taxes under Section 501(a), Internal Revenue Code of 1986, and its subsequent amendments by being listed as an exempt entity under Section 501(c)(3) of that code; and

(C) is managed by a person described by Subdivision (1).

SECTION 5. Section 46.15(a), Penal Code, as amended by Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts of the 88th Legislature, Regular Session, 2023, is reenacted and amended to read as follows:

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers or special investigators under Article 2A.002, 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 or retired 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 or other qualified retired law enforcement officer, as defined by 18 U.S.C. Section 926C, 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 an honorably retired peace officer or other qualified retired law enforcement officer;

(6) the attorney general or a United States attorney, 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 United States attorney, assistant attorney general, 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;

(9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code;

(10) a person who is volunteer emergency services personnel if the person is:

(A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and

(B) engaged in providing emergency services; [or]

(11) a person who:

(A) retired after serving as a judge or justice described by Section 411.201(a)(1), Government Code; and

(B) is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code;

(12) [(11)] a district or county clerk who is carrying a handgun the clerk is licensed to carry under Subchapter H, Chapter 411, Government Code; or

(13) a person who:

(A) is carrying a handgun; and

(B) holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, that bears the special forces veteran designation under Section 411.1845 of that code.

SECTION 6. The public safety director of the Department of Public Safety shall adopt the rules necessary to implement Section 411.1845, Government Code, as added by this Act, not later than December 1, 2025.

SECTION 7. The Department of Public Safety may not accept an application for or grant a designation under Section 411.1845, Government Code, as added by this Act, before January 1, 2026.

SECTION 8. The change in law made by this Act in amending Section 46.15, Penal Code, 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 purposes of this section, an offense was committed before January 1, 2026, if any element of the offense occurred before that date.

SECTION 9. To the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 10. This Act takes effect September 1, 2025.