TexasCHLforum.com

NotRPB wrote:So while fighting a fire side by side, Volunteer Firemen can carry but the city employed Firemen can't?

TVGuy wrote:I think TX DPS conveniently applied the law in one section to the other sections. I can't see how a court would interpret it that way.

Authorizes volunteer emergency services personnel to carry a handgun while engaged in providing emergency services if that emergency service person is licensed to carry.

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 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.

Tylerscott20 wrote:

Caption: 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, the liability for certain actions of volunteer emergency services personnel licensed to carry a handgun providing a civil penalty.

General Information:

Authorizes volunteer emergency services personnel to carry a handgun while engaged in providing emergency services if that emergency service person is licensed to carry.
Signage:

This bill adds section 552.002 to the Health and Safety Code to allow a state hospital to post a sign, in both English and Spanish, informing license to carry holders that they cannot enter the property with a handgun. A civil penalty may be imposed on a license to carry holder who carries on the property of a state hospital in which written notice is provided.

This is from the Texas DPS website on laws that go into effect on September 1st. It seems like their interpretation is different than mine...

ScottDLS wrote:

RoyGBiv wrote:

Ameer wrote:It says "any individual who, as a volunteer," not "any member of a volunteer organization" so I don't think any individual is required to join anything, carry a membership card, or have any special training or certification beyond their LTC to qualify.

If we help others during emergency situations and we don't get paid for it, we can bypass 30.06 signs next month.

I am inclined to disagree with this, but hope I am wrong.
I wouldn't want to be facing a UCW charge without having a clear association with an emergency volunteer organization to lean on.

IMO. YMMV.

Unless you were in one of the few places where you could be charged under 46.035 (Church, Amusement Park, Hospital) you would only be facing a class C. If it really came down to a trial (in JP or Municipal Court ) the State would have to prove, beyond a reasonable doubt, that you are NOT an emergency services volunteer.

Ameer wrote:It says "any individual who, as a volunteer," not "any member of a volunteer organization" so I don't think any individual is required to join anything, carry a membership card, or have any special training or certification beyond their LTC to qualify.

If we help others during emergency situations and we don't get paid for it, we can bypass 30.06 signs next month.

="TVGuy"]What is our level of confidence that being CERT covers the requirement here?

It sure sounds like it does to me, but it is so vaguely written.

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.

ELB wrote:

RoyGBiv wrote:Question.... Assuming the Gov signs the Bill, does it become effective immediately??
I seem to recall that if a Bill passes with XX % of the vote it becomes effective upon the Gov's signing...

Final tally in the House was 136/9/2 - 92.5%
Final tally in the Senate was 28/3 - 90.3%

I think the bill has to state that it takes effect immediately upon signing if passed by 2/3 of the House and 2/3 of the Senate. This bill states only that it will take effect on 01 Sep 17.

SewTexas wrote:well, color me shocked, they concurred.

H Text of Senate Amendment(s) 05/26/2017
H Statement(s) of vote recorded in Journal 05/26/2017
H Record vote RV#1878 05/26/2017
H House concurs in Senate amendment(s) 05/26/2017
H Senate Amendments Analysis distributed 05/26/2017 10:03 AM
H Senate Amendments distributed 05/25/2017 02:19 PM
H Senate passage as amended reported 05/24/2017

The amendment by Sen. Kirk Watson, D-Austin, was added to House Bill 435, which seeks to allow volunteer emergency workers to carry licensed handguns while on the job.

Changes to state gun laws in 2015 inadvertently allowed licensed gun owners to carry weapons into state psychiatric hospitals, including areas where patients live, Watson said.

TexasJohnBoy wrote:I see two amendments here:
http://www.capitol.state.tx.us/BillLook ... Bill=HB435
???