84R6690 JSC-D
 
  By: Huffines S.B. No. 1684
 
 
 
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 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:
               (1)  commissioned law enforcement personnel;
               (2)  fire protection personnel, including volunteer
  firefighters; and
               (3)  emergency medical services personnel, including
  an emergency medical services volunteer.
         (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 45th 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 is 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. The department may
  not charge a fee for the issuance of a license as provided by this
  subsection.  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:
               (1)  create a cause of action or liability; or
               (2)  preclude any existing cause of action.
         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.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act 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 the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 7.  This Act takes effect September 1, 2015.