Hinojosa Handgun Bill Also Exempts Veterans’ Charities From Security Licensing

The text as introduced · 1,588 words

89R16131 JSC-F

By: Hinojosa of Nueces
S.B. No. 2283

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.