89R16131 JSC-F
 
  By: Isaac H.B. No. 5014
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rights of special forces veterans who hold a license
  to carry a handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 411.174(b-1), Government Code, is
  amended to read as follows:
         (b-1)  The application must provide space for the applicant
  to:
               (1)  list any military service that may qualify the
  applicant to receive a license with a veteran's designation under
  Section 411.179(e) or a special forces veterans designation under
  Section 411.1845; and
               (2)  include proof required by the department to
  determine the applicant's eligibility to receive the applicable
  [that] designation.
         SECTION 2.  Section 411.179(a), Government Code, is amended
  to read as follows:
         (a)  The department by rule shall adopt the form of the
  license.  A license must include:
               (1)  a number assigned to the license holder by the
  department;
               (2)  a statement of the period for which the license is
  effective;
               (3)  a photograph of the license holder;
               (4)  the license holder's full name, date of birth, hair
  and eye color, height, weight, and signature;
               (5)  the license holder's residence address or, as
  provided by Subsection (d), the street address of the courthouse in
  which the license holder or license holder's spouse or parent
  serves as a federal judge or the license holder serves as a state
  judge;
               (6)  the number of a driver's license or an
  identification certificate issued to the license holder by the
  department;
               (7)  the designation "VETERAN" if required under
  Subsection (e);
               (8)  any at-risk designation for which the license
  holder has established eligibility under Section 411.184; [and]
               (9)  if applicable, a protective order designation
  under Section 411.1735; and
               (10)  the designation "SPECIAL FORCES VETERAN" for
  which the license holder has established eligibility under Section
  411.1845.
         SECTION 3.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.1845 to read as follows:
         Sec. 411.1845.  SPECIAL FORCES VETERAN DESIGNATION. (a)  In
  this section, "special forces veteran" means a person who:
               (1)  is a veteran, as defined by Section 411.1951; and
               (2)  served for a period of at least 12 consecutive
  months in one or more of the following positions at the enlisted pay
  grade of E5-E9, at the warrant officer pay grade of W1-W5, or at the
  commissioned officer pay grade O1-O10:
                     (A)  United States Army Special Forces as:
                           (i)  a detachment commander (18A);
                           (ii)  a detachment warrant officer (180A);
                           (iii)  a weapons sergeant (18B);
                           (iv)  an engineer sergeant (18C);
                           (v)  a medical sergeant (18D);
                           (vi)  a communications sergeant (18E);
                           (vii)  an intelligence sergeant (18F); or
                           (viii)  an operations sergeant (18Z);
                     (B)  United States Army 75th Ranger Regiment as:
                           (i)  a commissioned officer who served as an
  infantry officer (11A); or
                           (ii)  a noncommissioned officer or enlisted
  member who served as:
                                 (a)  an infantryman (11B);
                                 (b)  an indirect fire infantryman
  (11C); or
                                 (c)  a combat medic specialist (68W);
                     (C)  United States Navy SEAL as:
                           (i)  an active duty officer qualified in
  special warfare (1130); or
                           (ii)  an enlisted member who served as a
  special warfare operator (5326);
                     (D)  United States Marine Corps as:
                           (i)  a scout sniper (0317, previously 8541);
                           (ii)  a reconnaissance marine (0321);
                           (iii)  a sniper qualified reconnaissance
  marine (0322);
                           (iv)  a parachute and combatant diver
  qualified reconnaissance marine (0326, previously 8654);
                           (v)  a special operations officer (0370); or
                           (vi)  a critical skills operator (0372); or
                     (E)  United States Air Force as:
                           (i)  an enlisted member who served in combat
  control (1Z2X1); or
                           (ii)  an enlisted member who served in
  pararescue (1T2X1).
         (b)  The department shall include the designation "SPECIAL
  FORCES VETERAN" on the face of any original, duplicate, modified,
  or renewed license under this subchapter or on the reverse side of
  the license, as determined by the department, if the license is
  issued to a special forces veteran who:
               (1)  requests the designation; and
               (2)  provides to the department sufficient proof of the
  veteran's military service and honorable discharge and the
  veteran's eligibility under this section.
         (c)  The director shall adopt rules to implement this
  section.
         SECTION 4.  Subchapter N, Chapter 1702, Occupations Code, is
  amended by adding Section 1702.334 to read as follows:
         Sec. 1702.334.  SPECIAL FORCES VETERANS. This chapter does
  not apply to:
               (1)  a person who holds a license to carry a handgun
  under Subchapter H, Chapter 411, Government Code, that bears the
  special forces veteran designation under Section 411.1845 of that
  code; or
               (2)  a charitable, nonprofit organization that:
                     (A)  provides services only in furtherance of its
  mission;
                     (B)  is exempt from the payment of federal income
  taxes under Section 501(a), Internal Revenue Code of 1986, and its
  subsequent amendments by being listed as an exempt entity under
  Section 501(c)(3) of that code; and
                     (C)  is managed by a person described by
  Subdivision (1).
         SECTION 5.  Section 46.15(a), Penal Code, as amended by
  Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts
  of the 88th Legislature, Regular Session, 2023, is reenacted and
  amended to read as follows:
         (a)  Sections 46.02 and 46.03 do not apply to:
               (1)  peace officers or special investigators under
  Article 2A.002, 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 or retired 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;
               (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;
  [or]
               (11)  a person who:
                     (A)  retired after serving as a judge or justice
  described by Section 411.201(a)(1), Government Code; and
                     (B)  is licensed to carry a handgun under
  Subchapter H, Chapter 411, Government Code;
               (12) [(11)]  a district or county clerk who is carrying
  a handgun the clerk is licensed to carry under Subchapter H, Chapter
  411, Government Code; or
               (13)  a person who:
                     (A)  is carrying a handgun; and 
                     (B)  holds a license to carry a handgun under
  Subchapter H, Chapter 411, Government Code, that bears the special
  forces veteran designation under Section 411.1845 of that code.
         SECTION 6.  The public safety director of the Department of
  Public Safety shall adopt the rules necessary to implement Section
  411.1845, Government Code, as added by this Act, not later than
  December 1, 2025.
         SECTION 7.  The Department of Public Safety may not accept an
  application for or grant a designation under Section 411.1845,
  Government Code, as added by this Act, before January 1, 2026.
         SECTION 8.  The change in law made by this Act in amending
  Section 46.15, Penal Code, applies only to an offense committed on
  or after January 1, 2026.  An offense committed before January 1,
  2026, 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 January 1, 2026, if any element of the offense occurred
  before that date.
         SECTION 9.  To the extent of any conflict, this Act prevails
  over another Act of the 89th Legislature, Regular Session, 2025,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 10.  This Act takes effect September 1, 2025.