HB5014 - Relating to the rights of special forces veterans who hold a license to carry a handgun.

      By: Isaac, Louderback, et al. 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)     a member who served in combat control   (1Z2X1);                             (ii)     a member who served in pararescue   (1T2X1);                             (iii)     a member who served in special   reconnaissance (1Z4X1);                             (iv)     a member who served as a tactical air   control party airman (1Z3X1); or                             (v)     a member who served as a special   operations weather technician (1W0X2).           (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. (a)   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).           (b)     This chapter may not be construed to authorize a special   forces veteran to own or operate a for-profit company regulated   under this chapter without obtaining a company license under this   chapter.          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 wh [Text truncated for display. 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