Bill Text: TX HB1069 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the carrying of a handgun by certain first responders.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB1069 Detail]
Download: Texas-2021-HB1069-Introduced.html
Bill Title: Relating to the carrying of a handgun by certain first responders.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB1069 Detail]
Download: Texas-2021-HB1069-Introduced.html
87R845 JSC/SCL-D | ||
By: Harris | H.B. No. 1069 |
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relating to the carrying of a handgun by certain first responders. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 112.001, Civil Practice | ||
and Remedies Code, is amended to read as follows: | ||
Sec. 112.001. CERTAIN ACTIONS OF FIRST RESPONDERS | ||
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SECTION 2. Sections 112.001(a), (b), and (c), Civil | ||
Practice and Remedies Code, are amended to read as follows: | ||
(a) In this section: | ||
(1) "First responder" has the meaning assigned by | ||
Section 46.01, Penal Code. | ||
(2) "Governmental unit" has the meaning assigned by | ||
Section 101.001. | ||
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(b) A governmental unit is not liable in a civil action | ||
arising from the discharge of a handgun by an individual who is a | ||
first responder [ |
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licensed to carry the handgun under Subchapter H, Chapter 411, | ||
Government Code. | ||
(c) The discharge of a handgun by an individual who is a | ||
first responder [ |
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licensed to carry the handgun under Subchapter H, Chapter 411, | ||
Government Code, is outside the course and scope of the | ||
individual's duties as a first responder [ |
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SECTION 3. Subchapter H, Chapter 411, Government Code, is | ||
amended by adding Section 411.184 to read as follows: | ||
Sec. 411.184. ON-DUTY FIRST RESPONDER TRAINING COURSE. | ||
(a) In this section, "first responder" has the meaning assigned by | ||
Section 46.01, Penal Code. | ||
(b) The director by rule shall establish minimum standards | ||
for a training course that a first responder who is a license holder | ||
may complete to receive a certification of completion from the | ||
department under this section. The training course must: | ||
(1) be administered by a qualified handgun instructor; | ||
(2) include not more than 20 hours of instruction; | ||
(3) provide classroom training in: | ||
(A) self-defense; | ||
(B) de-escalation techniques; | ||
(C) tactical thinking relating to cover for and | ||
concealment of the license holder; | ||
(D) methods to conceal a handgun and methods to | ||
ensure the secure carrying of a concealed handgun; | ||
(E) the use of restraint holsters and methods to | ||
ensure the secure carrying of an openly carried handgun; and | ||
(F) 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; | ||
(5) require physical demonstrations of proficiency in | ||
techniques learned in training; and | ||
(6) provide procedures for securing and storing 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. | ||
(c) A first responder is responsible for paying to the | ||
course provider the costs of the training course under this | ||
section. | ||
(d) The director by rule shall approve devices to enable a | ||
first responder to secure and store 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. | ||
(e) The department shall issue a certificate of completion | ||
to a first responder who completes the training course described by | ||
Subsection (b). | ||
(f) 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 to carry a handgun | ||
under this subchapter and who has received a certificate of | ||
completion from the department under Subsection (e) from: | ||
(1) carrying a concealed or holstered 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 (d). | ||
(g) A first responder may discharge a handgun while on duty | ||
only in self-defense. | ||
(h) This section does not create a cause of action or | ||
liability. | ||
(i) A governmental entity that employs or otherwise | ||
supervises first responders is not liable in a civil action arising | ||
from the discharge of a handgun by a first responder who is licensed | ||
to carry a handgun under this subchapter. | ||
(j) The discharge of a handgun by a first responder who is | ||
licensed to carry a handgun under this subchapter is outside the | ||
course and scope of the first responder's duties. | ||
(k) This section may not be construed to waive, under | ||
Chapter 101, Civil Practice and Remedies Code, or any other law, | ||
immunity from suit or liability of a governmental entity that | ||
employs or otherwise supervises first responders. | ||
SECTION 4. Section 30.06(f), Penal Code, is amended to read | ||
as follows: | ||
(f) It is a defense to prosecution under this section that | ||
the license holder is a first responder [ |
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(1) received a certificate of completion for a | ||
training course under Section 411.184, Government Code, before | ||
engaging in the applicable conduct; and | ||
(2) was engaged in the actual discharge of the first | ||
responder's duties while carrying the handgun. | ||
SECTION 5. Section 30.07(g), Penal Code, is amended to read | ||
as follows: | ||
(g) It is a defense to prosecution under this section that | ||
the license holder is a first responder [ |
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(1) received a certificate of completion for a | ||
training course under Section 411.184, Government Code, before | ||
engaging in the applicable conduct; and | ||
(2) was engaged in the actual discharge of the first | ||
responder's duties while carrying the handgun. | ||
SECTION 6. Section 46.01(18), Penal Code, is amended to | ||
read as follows: | ||
(18) "First responder" means a public safety employee | ||
or volunteer whose duties include responding rapidly to an | ||
emergency. The term includes fire protection personnel, including | ||
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firefighters, and emergency medical services personnel, including | ||
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term does not include a peace officer or reserve law enforcement | ||
officer, as those terms are defined by Section 1701.001, | ||
Occupations Code, who is performing law enforcement duties. | ||
SECTION 7. Section 46.035(m), Penal Code, is amended to | ||
read as follows: | ||
(m) It is a defense to prosecution under Subsections (b) and | ||
(c) that the license holder [ |
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(1) was carrying the handgun in a concealed manner or | ||
in a shoulder or belt holster; | ||
(2) received a certificate of completion for a | ||
training course under Section 411.184, Government Code, before | ||
engaging in the applicable conduct; and | ||
(3) was [ |
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engaged in the actual discharge of the first responder's duties | ||
while carrying the handgun [ |
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SECTION 8. 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 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; or | ||
(10) a first responder who [ |
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(A) is carrying the [ |
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manner or in a shoulder or belt holster; | ||
(B) holds a license to carry a handgun under [ |
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(C) received a certificate of completion for a | ||
training course under Section 411.184, Government Code, before | ||
engaging in the applicable conduct; and | ||
(D) is [ |
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the first responder's duties while carrying the handgun [ |
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SECTION 9. 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, 2021. | ||
SECTION 10. A qualified handgun instructor may not offer | ||
the training course described by Section 411.184(b), Government | ||
Code, as added by this Act, before January 1, 2022. | ||
SECTION 11. Section 112.001, Civil Practice and Remedies | ||
Code, as amended by this Act, applies only to a cause of action that | ||
accrues on or after September 1, 2021. A cause of action that | ||
accrues before September 1, 2021, is governed by the law in effect | ||
immediately before that date, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 12. The changes in law made by this Act in amending | ||
Sections 30.06, 30.07, 46.035, and 46.15, Penal Code, apply only to | ||
an offense committed on or after September 1, 2022. An offense | ||
committed before September 1, 2022, is governed by the law in effect | ||
immediately before that date, and the former law is continued in | ||
effect for that purpose. For purposes of this section, an offense | ||
was committed before September 1, 2022, if any element of the | ||
offense occurred before that date. | ||
SECTION 13. (a) Except as otherwise provided by Subsection | ||
(b) of this section, this Act takes effect September 1, 2021. | ||
(b) Sections 30.06, 30.07, 46.035, and 46.15, Penal Code, as | ||
amended by this Act, take effect September 1, 2022. |