85R2242 JSC-D
	By: Flynn	H.B. No. 56

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of a handgun by a first responder engaged
	in the actual discharge of the first responder's duties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 30.06, Penal Code, is amended by adding
	Subsection (f) to read as follows:
	(f)  It is an exception to the application of this section
	that the license holder was a first responder, as defined by Section
	161.0001, Health and Safety Code, engaged in the actual discharge
	of the first responder's duties.
	SECTION 2.  Section 30.07, Penal Code, is amended by adding
	Subsection (g) to read as follows:
	(g)  It is an exception to the application of this section
	that the license holder was a first responder, as defined by Section
	161.0001, Health and Safety Code, engaged in the actual discharge
	of the first responder's duties.
	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, as defined by Section 161.0001,
	Health and Safety Code, who:
	(A)  was carrying a handgun and held a license to
	carry a handgun under Subchapter H, Chapter 411, Government Code;
	and
	(B)  was engaged in the actual discharge of the
	first responder's duties while carrying the 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 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
	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 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 first responder, as defined by Section
	161.0001, Health and Safety Code, who:
	(A)  is carrying a handgun and holds a license to
	carry a handgun under Subchapter H, Chapter 411, Government Code;
	and
	(B)  is engaged in the actual discharge of the
	first responder's duties while carrying the handgun.
	SECTION 5.  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 6.  This Act takes effect September 1, 2017.