Texas 2019 - 86th Regular

Texas Senate Bill SB2158 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9731 KKR-F
2	2	By: Buckingham S.B. No. 2158
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to tactical medical officers; requiring an occupational
8	8	certificate; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Response to Active
11	11	Shooters Act.
12	12	SECTION 2. Chapter 2, Code of Criminal Procedure, is
13	13	amended by adding Article 2.128 to read as follows:
14	14	Art. 2.128. TACTICAL MEDICAL OFFICERS. (a) A tactical
15	15	medical officer may make arrests and exercise all authority given
16	16	to peace officers under this code, subject to written regulations
17	17	adopted by the law enforcement agency having jurisdiction over the
18	18	officer, if the tactical medical officer acts in a manner that is
19	19	necessary to prevent or abate the commission of an offense that
20	20	threatens serious bodily injury to or the death of a person.
21	21	(b) A person may not serve as a tactical medical officer
22	22	unless the person:
23	23	(1) is licensed or certified, as applicable, under:
24	24	(A) Section 773.049 or 773.0495, Health and
25	25	Safety Code; or
26	26	(B) Subtitle B, Title 3, Occupations Code;
27	27	(2) holds a license to carry a concealed handgun
28	28	issued under Subchapter H, Chapter 411, Government Code;
29	29	(3) is certified by the Texas Commission on Law
30	30	Enforcement under Section 1701.2601, Occupations Code; and
31	31	(4) is appointed as a tactical medical officer by a law
32	32	enforcement agency.
33	33	SECTION 3. Subchapter H, Chapter 411, Government Code, is
34	34	amended by adding Section 411.1872 to read as follows:
35	35	Sec. 411.1872. NOTICE OF SUSPENSION OR REVOCATION OF
36	36	CERTAIN LICENSES: TACTICAL MEDICAL OFFICER. The department shall
37	37	notify the Texas Commission on Law Enforcement if the department
38	38	takes any action against the license of a person identified by the
39	39	commission as a person certified under Section 1701.2601,
40	40	Occupations Code, including suspension or revocation.
41	41	SECTION 4. Section 1701.001, Occupations Code, is amended
42	42	by adding Subdivision (9) to read as follows:
43	43	(9) "Tactical medical officer" means a person who is
44	44	appointed as a tactical medical officer under Article 2.128, Code
45	45	of Criminal Procedure, and is certified under Section 1701.2601.
46	46	SECTION 5. Subchapter F, Chapter 1701, Occupations Code, is
47	47	amended by adding Section 1701.2601 to read as follows:
48	48	Sec. 1701.2601. TACTICAL MEDICAL OFFICER CERTIFICATION;
49	49	REQUIRED TRAINING. (a) The commission, in conjunction with the
50	50	medical director for the Texas Department of Public Safety, shall
51	51	develop and implement a tactical medical officer training program
52	52	for a person to receive the certification required to be appointed
53	53	as a tactical medical officer under Article 2.128, Code of Criminal
54	54	Procedure. The training must be conducted by commission staff or a
55	55	person approved by the commission to provide the training.
56	56	(b) Before a person may receive training under this section,
57	57	the person must:
58	58	(1) hold a license to carry a concealed handgun issued
59	59	under Subchapter H, Chapter 411, Government Code; and
60	60	(2) provide the commission with the person's
61	61	identifying information, including the person's name and date of
62	62	birth, the address of the person's place of employment, and the
63	63	license number of the person's license to carry a concealed handgun
64	64	issued under Subchapter H, Chapter 411, Government Code.
65	65	(c) The tactical medical officer certification training
66	66	program must include 80 hours of instruction designed to:
67	67	(1) emphasize strategies for responding to an active
68	68	shooter incident, including securing the safety of potential
69	69	victims and providing medical support to peace officers responding
70	70	to a high-risk incident;
71	71	(2) educate a trainee about legal issues relating to
72	72	the duties of peace officers and the use of force or deadly force to
73	73	protect others;
74	74	(3) introduce a trainee to effective law enforcement
75	75	strategies and techniques;
76	76	(4) improve a trainee's proficiency with the use of a
77	77	handgun and rifle;
78	78	(5) improve a trainee's proficiency in providing
79	79	effective medical care in tactical situations and to victims of an
80	80	active shooter incident; and
81	81	(6) enable a trainee to respond to an emergency
82	82	situation requiring deadly force.
83	83	(d) The commission, in consultation with licensed
84	84	psychologists, shall develop and administer a psychological
85	85	examination to a trainee to determine if the trainee is
86	86	psychologically fit to carry out the duties of a tactical medical
87	87	officer, including duties relating to an emergency shooting or an
88	88	active shooter incident. The commission may not issue a tactical
89	89	medical officer certificate to a trainee if the results of the
90	90	examination indicate that the trainee is not psychologically fit to
91	91	carry out the duties of a tactical medical officer.
92	92	(e) The commission may rely on the results of a
93	93	psychological examination of a trainee conducted by the trainee's
94	94	employer to determine if the trainee is psychologically fit under
95	95	Subsection (d).
96	96	(f) The commission shall charge reasonable fees to cover the
97	97	cost of:
98	98	(1) conducting the tactical medical officer
99	99	certification training program; and
100	100	(2) issuing or renewing a tactical medical officer
101	101	certificate.
102	102	(g) The commission shall issue a tactical medical officer
103	103	certificate to a person for purposes of eligibility for appointment
104	104	as a tactical medical officer if the person:
105	105	(1) satisfactorily completes the training under this
106	106	section as determined by commission staff; and
107	107	(2) based on an examination under Subsection (d), is
108	108	determined to be psychologically fit to carry out the duties of a
109	109	tactical medical officer.
110	110	(h) A tactical medical officer certificate issued under
111	111	this section expires on the certificate holder's first birthday
112	112	occurring on or after the fourth anniversary of the date the
113	113	certificate was issued.
114	114	(i) A tactical medical officer certificate issued under
115	115	this section may be renewed if the certificate holder:
116	116	(1) successfully completes at least 16 hours of
117	117	continuing education before the date of renewal; and
118	118	(2) satisfactorily demonstrates the certificate
119	119	holder's handgun proficiency as determined by commission staff.
120	120	(j) The commission shall revoke a person's tactical medical
121	121	officer certificate if the commission is notified by the Texas
122	122	Department of Public Safety that the certificate holder's license
123	123	to carry a concealed handgun issued under Subchapter H, Chapter
124	124	411, Government Code, has been suspended or revoked.
125	125	(k) If a person's tactical medical officer certificate
126	126	expires and is not renewed or the certificate is revoked by the
127	127	commission, the commission shall immediately report the expiration
128	128	or revocation to:
129	129	(1) the director of the Texas Department of Public
130	130	Safety;
131	131	(2) the person's employer; and
132	132	(3) as applicable:
133	133	(A) if the person is employed by an emergency
134	134	medical services provider or first responder organization located
135	135	within a municipality, the chief law enforcement officer of the
136	136	municipality's law enforcement agency; or
137	137	(B) if the person is employed by an emergency
138	138	medical services provider or first responder organization located
139	139	outside of a municipality, the sheriff of the county in which the
140	140	employer is located.
141	141	(l) A person whose tactical medical officer certificate
142	142	expires or is revoked by the commission may obtain recertification
143	143	by:
144	144	(1) furnishing proof to the commission that the
145	145	person's concealed handgun license has been reinstated;
146	146	(2) retaking and completing the training program
147	147	required under this section as determined by commission staff;
148	148	(3) paying the fee for the training program; and
149	149	(4) demonstrating psychological fitness by taking the
150	150	examination required by Subsection (d).
151	151	(m) The commission may submit the personally identifying
152	152	information of a tactical medical officer certificate holder that
153	153	is obtained under Subsection (b) to:
154	154	(1) the director of the Texas Department of Public
155	155	Safety;
156	156	(2) the person's employer; and
157	157	(3) as applicable:
158	158	(A) if the person is employed by an emergency
159	159	medical services provider or first responder organization located
160	160	within a municipality, the chief law enforcement officer of the
161	161	municipality's law enforcement agency; or
162	162	(B) if the person is employed by an emergency
163	163	medical services provider or first responder organization located
164	164	outside of a municipality, the sheriff of the county in which the
165	165	employer is located.
166	166	(n) Personally identifying information about a person that
167	167	is provided by the person to the commission under this section or
168	168	that is provided to a person described by Subsection (m) is
169	169	confidential and is not subject to disclosure under Chapter 552,
170	170	Government Code.
171	171	(o) The commission shall adopt rules necessary to implement
172	172	this section.
173	173	SECTION 6. Section 1701.301, Occupations Code, is amended
174	174	to read as follows:
175	175	Sec. 1701.301. LICENSE OR CERTIFICATE REQUIRED. (a)
176	176	Except as provided by Sections 1701.310, 1701.311, and 1701.405, a
177	177	person may not appoint or employ a person to serve as an officer,
178	178	county jailer, school marshal, public security officer, or
179	179	telecommunicator unless the person holds an appropriate license
180	180	issued by the commission.
181	181	(b) A person may not be appointed as a tactical medical
182	182	officer under Article 2.128, Code of Criminal Procedure, unless the
183	183	person holds a tactical medical officer certificate issued by the
184	184	commission under this section.
185	185	SECTION 7. The Texas Commission on Law Enforcement shall
186	186	establish a tactical medical officer certification training
187	187	program as required by Section 1701.2601, Occupations Code, as
188	188	added by this Act, not later than January 1, 2020.
189	189	SECTION 8. As soon as practicable after the effective date
190	190	of this Act, the Texas Commission on Law Enforcement shall adopt
191	191	rules necessary to implement Section 1701.2601, Occupations Code,
192	192	as added by this Act.
193	193	SECTION 9. This Act takes effect September 1, 2019.