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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of certain weapons laws to and |
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liability for certain actions of volunteer emergency services |
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personnel licensed to carry a handgun. |
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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 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 3. 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 4. 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 5. Section 46.035, Penal Code, is amended by adding |
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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 6. Section 46.15(a), Penal Code, is amended to read |
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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) a district attorney, criminal district attorney, |
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county attorney, or municipal attorney who is licensed to carry a |
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handgun under Subchapter H, Chapter 411, Government Code; |
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(7) an assistant district attorney, assistant |
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criminal district attorney, or assistant county attorney who is |
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licensed to carry a handgun under Subchapter H, Chapter 411, |
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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 7. 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 8. This Act takes effect September 1, 2017. |