H.B. No. 435

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