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AN ACT
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relating to the carrying of weapons, including the application of |
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certain weapons and handgun license laws to certain persons, the |
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carrying of handguns by license holders on the property of a state |
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hospital, and the liability for certain actions of volunteer |
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emergency services personnel licensed to carry a handgun; providing |
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a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 5, Civil Practice and Remedies Code, is |
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amended by adding Chapter 112 to read as follows: |
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CHAPTER 112. LIMITATION OF LIABILITY FOR GOVERNMENTAL UNITS |
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Sec. 112.001. CERTAIN ACTIONS OF VOLUNTEER EMERGENCY |
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SERVICES PERSONNEL. (a) In this section: |
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(1) "Governmental unit" has the meaning assigned by |
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Section 101.001. |
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(2) "Volunteer emergency services personnel" has the |
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meaning assigned by Section 46.01, Penal Code. |
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(b) A governmental unit is not liable in a civil action |
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arising from the discharge of a handgun by an individual who is |
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volunteer emergency services personnel and licensed to carry the |
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handgun under Subchapter H, Chapter 411, Government Code. |
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(c) The discharge of a handgun by an individual who is |
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volunteer emergency services personnel and licensed to carry the |
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handgun under Subchapter H, Chapter 411, Government Code, is |
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outside the course and scope of the individual's duties as |
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volunteer emergency services personnel. |
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(d) This section may not be construed to waive the immunity |
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from suit or liability of a governmental unit under Chapter 101 or |
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any other law. |
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SECTION 2. Section 411.179(c), Government Code, is amended |
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to read as follows: |
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(c) In adopting the form of the license under Subsection |
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(a), the department shall establish a procedure for the license of a |
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qualified handgun instructor or of the attorney general or a judge, |
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justice, United States attorney, assistant United States attorney, |
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assistant attorney general, prosecuting attorney, or assistant |
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prosecuting attorney, as described by Section 46.15(a)(4), [or] |
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(6), or (7), Penal Code, to indicate on the license the license |
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holder's status as a qualified handgun instructor or as the |
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attorney general or a judge, justice, United States attorney, |
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assistant United States attorney, assistant attorney general, |
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district attorney, criminal district attorney, or county attorney. |
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In establishing the procedure, the department shall require |
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sufficient documentary evidence to establish the license holder's |
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status under this subsection. |
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SECTION 3. Section 411.1882(a), Government Code, is amended |
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to read as follows: |
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(a) A person who is serving in this state as the attorney |
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general or as a judge or justice of a federal court, as an active |
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judicial officer as defined by Section 411.201, as a United States |
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attorney, assistant United States attorney, assistant attorney |
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general, district attorney, assistant district attorney, criminal |
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district attorney, assistant criminal district attorney, county |
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attorney, or assistant county attorney, as a supervision officer as |
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defined by [Section 2,] Article 42A.001 [42.12], Code of Criminal |
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Procedure, or as a juvenile probation officer may establish handgun |
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proficiency for the purposes of this subchapter by obtaining from a |
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handgun proficiency instructor approved by the Texas Commission on |
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Law Enforcement for purposes of Section 1702.1675, Occupations |
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Code, a sworn statement that indicates that the person, during the |
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12-month period preceding the date of the person's application to |
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the department, demonstrated to the instructor proficiency in the |
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use of handguns. |
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SECTION 4. Section 411.201(h), Government Code, is amended |
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to read as follows: |
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(h) The department shall issue a license to carry a handgun |
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under the authority of this subchapter to a United States attorney |
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or an assistant United States attorney, or to an [elected] attorney |
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elected or employed to represent [representing] the state in the |
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prosecution of felony cases, who meets the requirements of this |
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section for an active judicial officer. The department shall waive |
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any fee required for the issuance of an original, duplicate, or |
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renewed license under this subchapter for an applicant who is a |
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United States attorney or an assistant United States attorney or |
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who is an attorney elected or employed to represent the state in the |
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prosecution of felony cases. |
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SECTION 5. The heading to Section 411.209, Government Code, |
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is amended to read as follows: |
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Sec. 411.209. WRONGFUL EXCLUSION OF [CONCEALED] HANDGUN |
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LICENSE HOLDER. |
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SECTION 6. Section 411.209, Government Code, is amended by |
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amending Subsections (a) and (d) and adding Subsection (i) to read |
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as follows: |
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(a) Except as provided by Subsection (i), a [A] state agency |
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or a political subdivision of the state may not provide notice by a |
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communication described by Section 30.06, Penal Code, or by any |
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sign expressly referring to that law or to a [concealed handgun] |
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license to carry a handgun, that a license holder carrying a handgun |
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under the authority of this subchapter is prohibited from entering |
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or remaining on a premises or other place owned or leased by the |
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governmental entity unless license holders are prohibited from |
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carrying a handgun on the premises or other place by Section 46.03 |
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or 46.035, Penal Code. |
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(d) A resident [citizen] of this state or a person licensed |
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to carry a [concealed] handgun under this subchapter may file a |
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complaint with the attorney general that a state agency or |
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political subdivision is in violation of Subsection (a) if the |
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resident [citizen] or person provides the agency or subdivision a |
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written notice that describes the violation and specific location |
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of the sign found to be in violation and the agency or subdivision |
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does not cure the violation before the end of the third business day |
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after the date of receiving the written notice. A complaint filed |
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under this subsection must include evidence of the violation and a |
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copy of the written notice. |
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(i) Subsection (a) does not apply to a written notice |
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provided by a state hospital under Section 552.002, Health and |
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Safety Code. |
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SECTION 7. Subchapter A, Chapter 552, Health and Safety |
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Code, is amended by adding Section 552.002 to read as follows: |
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Sec. 552.002. CARRYING OF HANDGUN BY LICENSE HOLDER IN |
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STATE HOSPITAL. (a) In this section: |
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(1) "License holder" has the meaning assigned by |
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Section 46.035(f), Penal Code. |
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(2) "State hospital" means the following facilities: |
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(A) the Austin State Hospital; |
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(B) the Big Spring State Hospital; |
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(C) the El Paso Psychiatric Center; |
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(D) the Kerrville State Hospital; |
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(E) the North Texas State Hospital; |
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(F) the Rio Grande State Center; |
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(G) the Rusk State Hospital; |
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(H) the San Antonio State Hospital; |
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(I) the Terrell State Hospital; and |
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(J) the Waco Center for Youth. |
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(3) "Written notice" means a sign that is posted on |
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property and that: |
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(A) includes in both English and Spanish written |
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language identical to the following: "Pursuant to Section 552.002, |
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Health and Safety Code (carrying of handgun by license holder in |
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state hospital), a person licensed under Subchapter H, Chapter 411, |
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Government Code (handgun licensing law), may not enter this |
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property with a handgun"; |
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(B) appears in contrasting colors with block |
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letters at least one inch in height; and |
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(C) is displayed in a conspicuous manner clearly |
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visible to the public at each entrance to the property. |
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(b) A state hospital may prohibit a license holder from |
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carrying a handgun under the authority of Subchapter H, Chapter |
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411, Government Code, on the property of the hospital by providing |
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written notice. |
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(c) A license holder who carries a handgun under the |
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authority of Subchapter H, Chapter 411, Government Code, on the |
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property of a state hospital at which written notice is provided is |
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liable for a civil penalty in the amount of: |
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(1) $100 for the first violation; or |
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(2) $500 for the second or subsequent violation. |
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(d) The attorney general or an appropriate prosecuting |
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attorney may sue to collect a civil penalty under this section. |
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SECTION 8. Section 30.06, Penal Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) It is a defense to prosecution under this section that |
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the license holder is volunteer emergency services personnel, as |
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defined by Section 46.01. |
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SECTION 9. Section 30.07, Penal Code, is amended by adding |
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Subsection (g) to read as follows: |
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(g) It is a defense to prosecution under this section that |
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the license holder is volunteer emergency services personnel, as |
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defined by Section 46.01. |
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SECTION 10. Section 46.01, Penal Code, is amended by adding |
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Subdivision (18) to read as follows: |
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(18) "Volunteer emergency services personnel" |
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includes a volunteer firefighter, an emergency medical services |
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volunteer as defined by Section 773.003, Health and Safety Code, |
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and any individual who, as a volunteer, provides services for the |
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benefit of the general public during emergency situations. The |
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term does not include a peace officer or reserve law enforcement |
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officer, as those terms are defined by Section 1701.001, |
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Occupations Code, who is performing law enforcement duties. |
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SECTION 11. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(h-1) It is a defense to prosecution under Subsections |
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(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time |
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of the commission of the offense, the actor was: |
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(1) a judge or justice of a federal court; |
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(2) an active judicial officer, as defined by Section |
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411.201, Government Code; or |
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(3) the attorney general or a United States attorney, |
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assistant United States attorney, assistant attorney general, |
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district attorney, assistant district attorney, criminal district |
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attorney, assistant criminal district attorney, county attorney, |
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or assistant county attorney. |
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SECTION 12. Section 46.035, Penal Code, is amended by |
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adding Subsection (m) to read as follows: |
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(m) It is a defense to prosecution under Subsections (b) and |
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(c) that the actor is volunteer emergency services personnel |
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engaged in providing emergency services. |
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SECTION 13. Section 46.15(a), Penal Code, is amended to |
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read as follows: |
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(a) Sections 46.02 and 46.03 do not apply to: |
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(1) peace officers or special investigators under |
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Article 2.122, Code of Criminal Procedure, and neither section |
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prohibits a peace officer or special investigator from carrying a |
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weapon in this state, including in an establishment in this state |
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serving the public, regardless of whether the peace officer or |
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special investigator is engaged in the actual discharge of the |
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officer's or investigator's duties while carrying the weapon; |
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(2) parole officers and neither section prohibits an |
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officer from carrying a weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) in compliance with policies and procedures |
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adopted by the Texas Department of Criminal Justice regarding the |
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possession of a weapon by an officer while on duty; |
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(3) community supervision and corrections department |
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officers appointed or employed under Section 76.004, Government |
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Code, and neither section prohibits an officer from carrying a |
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weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) authorized to carry a weapon under Section |
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76.0051, Government Code; |
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(4) an active judicial officer as defined by Section |
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411.201, Government Code, who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(5) an honorably retired peace officer, qualified |
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retired law enforcement officer, federal criminal investigator, or |
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former reserve law enforcement officer who holds a certificate of |
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proficiency issued under Section 1701.357, Occupations Code, and is |
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carrying a photo identification that is issued by a federal, state, |
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or local law enforcement agency, as applicable, and that verifies |
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that the officer is: |
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(A) an honorably retired peace officer; |
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(B) a qualified retired law enforcement officer; |
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(C) a federal criminal investigator; or |
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(D) a former reserve law enforcement officer who |
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has served in that capacity not less than a total of 15 years with |
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one or more state or local law enforcement agencies; |
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(6) the attorney general or a United States attorney, |
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district attorney, criminal district attorney, county attorney, or |
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municipal attorney who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(7) an assistant United States attorney, assistant |
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attorney general, assistant district attorney, assistant criminal |
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district attorney, or assistant county attorney who is licensed to |
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carry a handgun under Subchapter H, Chapter 411, Government Code; |
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(8) a bailiff designated by an active judicial officer |
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as defined by Section 411.201, Government Code, who is: |
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(A) licensed to carry a handgun under Subchapter |
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H, Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer; |
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[or] |
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(9) a juvenile probation officer who is authorized to |
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carry a firearm under Section 142.006, Human Resources Code; or |
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(10) a person who is volunteer emergency services |
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personnel if the person is: |
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(A) carrying a handgun under the authority of |
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Subchapter H, Chapter 411, Government Code; and |
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(B) engaged in providing emergency services. |
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SECTION 14. The changes in law made by this Act to Sections |
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30.06 and 30.07 and Chapter 46, Penal Code, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 15. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 16. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 435 was passed by the House on May 3, |
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2017, by the following vote: Yeas 144, Nays 2, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 435 on May 26, 2017, by the following vote: Yeas 136, Nays 9, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 435 was passed by the Senate, with |
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amendments, on May 24, 2017, by the following vote: Yeas 28, Nays |
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3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |