Texas 2025 - 89th Regular

Texas House Bill HB4995 Compare Versions

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

Old	New	Differences
1	1	89R15703 JSC-F
2	2	By: Wilson H.B. No. 4995
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the carrying of handguns by tactical medical
10	10	professionals while on duty providing support to tactical units of
11	11	law enforcement agencies.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Section 112.001, Civil Practice
14	14	and Remedies Code, is amended to read as follows:
15	15	Sec. 112.001. CERTAIN ACTIONS OF FIRST RESPONDERS, TACTICAL
16	16	MEDICAL PROFESSIONALS, AND VOLUNTEER EMERGENCY SERVICES PERSONNEL.
17	17	SECTION 2. Section 112.001(a), Civil Practice and Remedies
18	18	Code, is amended by adding Subdivision (3) to read as follows:
19	19	(3) "Tactical medical professional" has the meaning
20	20	assigned by Section 411.1884, Government Code.
21	21	SECTION 3. Sections 112.001(b) and (c), Civil Practice and
22	22	Remedies Code, are amended to read as follows:
23	23	(b) A governmental unit is not liable in a civil action
24	24	arising from the discharge of a handgun by an individual who is a
25	25	first responder, tactical medical professional, or volunteer
26	26	emergency services personnel and licensed to carry the handgun
27	27	under Subchapter H, Chapter 411, Government Code.
28	28	(c) The discharge of a handgun by an individual who is a
29	29	first responder, tactical medical professional, or volunteer
30	30	emergency services personnel and licensed to carry the handgun
31	31	under Subchapter H, Chapter 411, Government Code, is outside the
32	32	course and scope of the individual's duties as a first responder,
33	33	tactical medical professional, or volunteer emergency services
34	34	personnel, as applicable.
35	35	SECTION 4. Subchapter H, Chapter 411, Government Code, is
36	36	amended by adding Section 411.1884 to read as follows:
37	37	Sec. 411.1884. TRAINING COURSE FOR TACTICAL MEDICAL
38	38	PROFESSIONALS. (a) In this section, "tactical medical
39	39	professional" means a person who:
40	40	(1) is a physician licensed under Subtitle B, Title 3,
41	41	Occupations Code; and
42	42	(2) is employed or otherwise appointed by the head of a
43	43	law enforcement agency to provide direct support to a tactical unit
44	44	of the agency responding to a high-risk incident, by providing
45	45	medical services to victims, officers, and other persons at the
46	46	incident.
47	47	(b) The director, in consultation with the Texas Commission
48	48	on Law Enforcement, by rule shall establish minimum standards for
49	49	an initial training course that a tactical medical professional who
50	50	is a license holder may complete to receive a certification of
51	51	completion from the department under this section. The training
52	52	course must:
53	53	(1) be administered by a qualified handgun instructor;
54	54	(2) provide classroom training and field instruction
55	55	in the use of handguns; and
56	56	(3) require physical demonstrations of proficiency in
57	57	techniques learned in training.
58	58	(c) The department, in consultation with the Texas
59	59	Commission on Law Enforcement, by rule shall establish minimum
60	60	standards for an annual continuing education course that is
61	61	administered by a qualified handgun instructor for a tactical
62	62	medical professional who has completed the initial training course
63	63	described by Subsection (b).
64	64	(d) The department shall issue a certificate of completion
65	65	to a tactical medical professional who is a license holder and who
66	66	completes the initial training course under Subsection (b) or the
67	67	continuing education course under Subsection (c), as applicable. A
68	68	certificate of completion expires on the first anniversary of
69	69	issuance.
70	70	(e) A tactical medical professional is responsible for
71	71	paying to the course provider the costs of a training course under
72	72	this section.
73	73	SECTION 5. Section 30.06, Penal Code, is amended by adding
74	74	Subsection (f-2) to read as follows:
75	75	(f-2) It is a defense to prosecution under this section that
76	76	the license holder is a tactical medical professional, as defined
77	77	by Section 411.1884, Government Code, who:
78	78	(1) holds an unexpired certificate of completion under
79	79	Section 411.1884, Government Code, at the time of engaging in the
80	80	applicable conduct; and
81	81	(2) was engaged in the actual discharge of the
82	82	tactical medical professional's duties while carrying the handgun.
83	83	SECTION 6. Section 30.07, Penal Code, is amended by adding
84	84	Subsection (g-2) to read as follows:
85	85	(g-2) It is a defense to prosecution under this section that
86	86	the license holder is a tactical medical professional, as defined
87	87	by Section 411.1884, Government Code, who:
88	88	(1) holds an unexpired certificate of completion under
89	89	Section 411.1884, Government Code, at the time of engaging in the
90	90	applicable conduct; and
91	91	(2) was engaged in the actual discharge of the
92	92	tactical medical professional's duties while carrying the handgun.
93	93	SECTION 7. Section 46.15, Penal Code, is amended by adding
94	94	Subsection (s) to read as follows:
95	95	(s) In this subsection, "tactical medical professional" has
96	96	the meaning assigned by Section 411.1884, Government Code.
97	97	Sections 46.02 and 46.03 do not apply to a tactical medical
98	98	professional who:
99	99	(1) was carrying a handgun in a concealed manner or in
100	100	a shoulder or belt holster;
101	101	(2) holds an unexpired certificate of completion under
102	102	Section 411.1884, Government Code, at the time of engaging in the
103	103	applicable conduct; and
104	104	(3) was engaged in the actual discharge of the
105	105	tactical medical professional's duties while carrying the handgun.
106	106	SECTION 8. The public safety director of the Department of
107	107	Public Safety shall adopt the rules necessary to implement Section
108	108	411.1884, Government Code, as added by this Act, not later than
109	109	December 1, 2025.
110	110	SECTION 9. A qualified handgun instructor may not offer the
111	111	training course described by Section 411.1884(b), Government Code,
112	112	as added by this Act, before January 1, 2026.
113	113	SECTION 10. Section 112.001, Civil Practice and Remedies
114	114	Code, as amended by this Act, applies only to a cause of action that
115	115	accrues on or after September 1, 2025. A cause of action that
116	116	accrues before September 1, 2025, is governed by the law in effect
117	117	immediately before that date, and the former law is continued in
118	118	effect for that purpose.
119	119	SECTION 11. The changes in law made by this Act in amending
120	120	Sections 30.06, 30.07, and 46.15, Penal Code, apply only to an
121	121	offense committed on or after the effective date of this Act. An
122	122	offense committed before the effective date of this Act is governed
123	123	by the law in effect on the date the offense was committed, and the
124	124	former law is continued in effect for that purpose. For purposes of
125	125	this section, an offense was committed before the effective date of
126	126	this Act if any element of the offense occurred before that date.
127	127	SECTION 12. This Act takes effect September 1, 2025.